Los Gatos City Council
June 6, 2023

0/ KIER & WRIGHT
VJ CIVIL ENGINEERS & SURVEYORS, INC.

Services Performed Include:
5/ 17/ 2018

Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.

Assist with rewriting Subdivision Mapping review requirements, Subdivision Ordinance Chapters and other Ordinances as requested.

Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.

Review of Legal Descriptions and Plats for Lot Line Adjustments, Misc. Easements and Street Dedications.

REFERENCE: CITY OF WALNUT CREEK ON CALL SURVEYING EXPERIENCE AND MAP CHECKING Client: City of Walnut Creek, Public Works Department
Year: 2016 - Present
Contact: Kirsten Hanson, P. E.

Phone: ( 925) 943 -5899 ( ext. 2266)
Contact: Cathleen Terentieff, P. E.

Phone: ( 925) 943 -5899 ( ext. 2241) WALNUT
Manager: Joe Thompson, PLS CREEK
Surveyor: Dean Jurado, PLS
Project Description:

Kier & Wright has been providing both individual project surveying services and on call surveying services to the City of Walnut Creek since 2016.

Services Performed Include:

Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.

Review of Legal Descriptions and Plats for Lot Line Adjustments, Misc. Easements and Street Dedications.
2850 Collier Canyon Rd Livermore, California 94551 ( 925) 245 -8788 FAX( 925) 245- 8796

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10E THOMPSON, PLS
Vice President, Project Manager

EXPERTISE
Right - of -Way surveys, parcel maps, record of surveys, Land title surveys, topographic surveys, well surveys, boundary resolution, condominium maps, and ALTA surveys.

BACKGROUND
Mr. Thompson, California P. L. S. 8121, was licensed as a Land Surveyor in July of 2006 and has 20 years of professional experience in the land development field. He is proficient in boundary resolution, mapping, A. L.T.A. Surveys, legal descriptions, monitoring surveys for horizontal and vertical movements, analysis and resolution of public and private title issues, construction setup, monumentation, and topographic surveys. Mr. Thompson is well- versed in the processing and adjusting of control data for GPS static surveys and conventional surveys. Mr. Thompson provides project planning, management, and coordination along with the review of project deliverables and ensures clients are informed on the status of their projects. While at another firm, he was heavily involved in the success of the ADA upgrades at the Google Campus in Mountain View where he performed utility research, base mapping, control surveying, and topographic mapping for several building sites.

REPRESENTATIVE PROJECT EXPERIENCE
Alameda Creek Bridge — Pleasanton, CA
Alameda County Water District — Large Diameter Hayward Fault Pipeline Retrofit Project Airport Flood Protection Project — Livermore, CA
Zone 7 Water Agency — Del Valle Water Treatment Plant Superpulsator Rehabilitation Project Topographic Survey of De La Salle High School Gym & Theater Areas, Concord, CA Tennyson High School High School Design -Level Topographic & Boundary Survey Livermore Valley Performing Arts Center — Livermore, CA City of Pleasanton 1 - 680 Sewer Project
City of Pleasanton Vineyard Avenue Sewer Project
City of Pleasanton Map Review for various Parcel Maps and Tract Maps Zone 7 Water Agency — Arroyo Macho Topographic and Cross Section Survey Zone 7 Water Agency — UPRR Parcel Topographic Survey, Plat & Legal Desc., & Site Plan Zone 7 Water Agency — Cope Lake Water Transfer Survey Control, Topographic Survey, and Staking Alameda County Water District— Large Diameter Hayward Fault Pipeline Retrofit Project Various on -call projects for the Cities of Hayward and San Leandro.

Rosita Park — City of Los Altos, CA

REGISTRATION
Professional Land Surveying License ( PLS) State of California L 8121 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 • FAX ( 925) 245 -8796

KIER & WRIGHT
i CIVIL ENGINEERS & SURVEYORS, INC.

ANTHONY MCCANTS, PLS
President QA / QC

EXPERTISE
5/ 17/ 2018
age 9 of 14
Right -of -Way surveys, parcel maps, record of surveys, Land title surveys, topographic surveys, well surveys, boundary resolution, condominium maps, and ALTA surveys.

BACKGROUND
Mr. McCants, California P. L. S. 5944, joined the Kier & Wright team in March of 1979. He was registered as a Land Surveyor in 1988, and is the firm' s corporate president. Mr.

McCants has decades of varied experience in land surveying, including extensive construction staking experience. In addition to his experience at Kier & Wright, while working with another local land surveying firm, Mr. McCants was responsible for several large United States Army Corps of engineers mapping projects in Utah and in Merced County, California. Mr. McCants is on the Board of Directors and is a past President of the California & Nevada Civil Engineers & Land Surveyors Association ( CELSA). He is currently the co- chairman of the Northern California Surveyors Joint Apprenticeship Committee. As chairman of the NCSJAC, he is involved in charting the future for the Surveyors Apprenticeship program in a direction that will move the next generation of surveying professionals in the direction of a professional surveying career. The program emphasizes a combination of hands on training, a common - sense approach to surveying, professional education and career discipline that provides apprentices with a solid foundation upon which to build a land surveying career. As a working principal, he is actively involved in the day -to -day operations of the firm. He has been honored by the CELSA as having the largest field surveying operation in the northern 46 California counties for 8 out of the last 13 years.

REPRESENTATIVE PROJECT EXPERIENCE
City of Hayward — Record of Survey and Parcel Map for the Cannery redevelopment area ( 21 -acre site) Topographic Survey for De La Salle Track & Practice Field Areas, Concord, CA Topographic Survey for De La Salle Swimming Pool, Concord, CA Home Depot distribution facility in Tracy for AMB Property (44 -acre site) Rossmoor Retail Center in Walnut Creek for Washington Capital Management ( 15 -acre site) Costco in Danville for Costco Wholesale Corp. ( 10 -acre site) Cordes Ranch Project for Prologis in Tracy- survey boundary mapping and supervision ( 2, 300 -acre site) 1 - 580/ 1 - 205 at Mountain House Parkway overpass improvement mapping projects Tracy Arch Road Logistics Center, Stockton overall site Record of Survey mapping and Mariposa Road historic alignment retracement.

Crossroads Business Park, Lathrop onsite survey support for the development team projects.

Lathrop Industrial Project, Lathrop provided all mapping and survey support for the development team Various Surveys for the El Charro Specific Plan Area for the City of Livermore — Livermore, CA Alameda Creek Topographic survey for the City of Fremont — Fremont, CA Topographic & Cross Section Surveys of East 1411 Street & 150 " Avenue for the City of San Leandro — San Leandro, CA
Alameda County Surveyors Office On - Call Contract Manager

REGISTRATION
Professional Land Surveying License ( PLS) State of California L 5944 2850 Collier Canyon Rd - Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796

4 KIER & WRIGHT
r CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018
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DEAN JURADO, PLS
Senior Surveyor
Years of Experience: 33

EXPERTISE
Mr. Jurado specializes in all surveying services such as map checking, right of way surveys, record of surveys, land title surveys, topographic surveys, well surveys, boundary resolutions, condominium maps, and ALTA surveys. He excels in AutoCAD Land desktop, AutoCAD Civil 3D, MS Word, MS Excel, and Trimble Business Center.

BACKGROUND
Mr. lurado, PLS, has 32 years of experience in land surveying. He has been associated with Kier & Wright since 2012 and has extensive experience in land surveying for public and private developments. His specialties include map reviewing and on -call map checking services and well as general land surveying expertise such as topographic surveying and ALTA surveying.

REPRESENTATIVE PROJECT EXPERIENCE
City of Tracy On -Call Maps & Plat Checking — Tracy, CA City of Merced On -Call Map Checking — Merced, CA
City of Livingston On -Call Maps & Plat Checking — Livingston, CA Cisco Campus — San Jose, CA
Costco Depot— Tracy, CA
Coleman -High line ( Avaya Stadium) — San Jose, CA
NVIDIA Campus — Santa Clara, CA
Santa Clara Town Centre — Santa Clara, CA

REGISTRATIONS
California Licensed Land Surveyor, PLS 9032

EDUCATION
General Education and Engineering — San Joaquin Delta College, Merced Junior College, Modesto Junior College

PROFESSIONAL HISTORY
33 Years Professional Experience in the Land Development Field since 1985, Joined Kier & Wright in 2012
2850 Collier Canyon Rd - Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796

KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
5/ 17/ 2018
Palle 11 of 14

ROD STEWART II, PLS
Senior Surveyor

EXPERTISE
Right -of -way surveys, Parcel Maps, Record of Surveys, Topographic Surveys, Monitoring Well Surveys, Boundary Resolution, bridge surveying, ALTA surveys, Subsidence Monitoring Surveys and Construction Staking Calculations,

BACKGROUND
Mr. Stewart has 18 years of experience in the surveying including 8 years in the field. His experience includes construction surveying, boundary surveying, mapping, and subdivision work related to land development. Specific survey experience includes construction staking, topographic surveys, benchmark level circuits, elevation monitoring surveys, tentative maps, parcel maps, final maps, condominium plans, plats and legal descriptions, lot line adjustments, lot combinations, and ALTA / ACSM Land Title Surveys. Mr. Stewart is proficient in AutoCAD Civil 3D 2016, Trimble Business Center and fluent with Trimble and Topcon GPS and Total Station field Survey equipment.

REPRESENTATIVE PROJECT EXPERIENCE
Bay Bridge Demolition Project — Construction Calculations, 3D modeling and Topo — California Engineering Contractors — San Francisco, CA
Premium Outlets — Construction Calculations Topo, Mapping and Project Management — Livermore, CA Pleasanton Subsidence Monitoring — Monitoring Program Management —Zone 7— Pleasanton, CA Oaks Business Park— Construction Calculations, Topo & Mapping — Livermore, CA International Park of Commerce —Topo and Boundary — Tracy, CA Clorox Campus— Construction Calculations and Project Management — XL Construction — Pleasanton, CA Stagg High School Phase 1 Topographic Survey for Stockton Unified School District, Stockton, CA Hayward High School Design -Level Topographic & Boundary Survey Mt. Eden High School Design - Level Topographic & Boundary Survey Tennyson High School High School Design -Level Topographic & Boundary Survey Holly Street Interchange —Topo, Boundary and Mapping —San Carlos, CA Arch Road Business Park — Topo & Mapping — Opus — Stockton, CA Construction Staking Services for Washington High School Improvements, Fremont, CA

REGISTRATION
Professional Land Surveying License ( PLS) State of California L 9225

PROFESSIONAL HISTORY
1998 — Present, Kier & Wright Civil Engineers and Surveyors, Livermore, CA 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 • FAX ( 925) 245 -8796

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1 CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018

RICHARD J. HICKENBOTTOM, PLS
Project surveyor
Mr. Hickenbottom earned his Professional Land Surveyors License in 2009 and holds over 17 years of combined field and office surveying experience. He has been associated with Kier & Wright since 2013. During this time he has performed surveys for the Alameda County Flood Control & Water Conservation Distirct Zone 7 for level runs and flood channel topographic surveys for District Zones 5 and 6. Mr. Hickenbottom alsoworked on the yearly level runs forthe Santa Clara Valley Water District Alum Rock Loop in San Jose.

KC KELLER
Survey Technician
Mr. Keller became a Kier & Wright team member in 2013 after interning for us. He graduated from Fresno State' s Gematics Engineering program in 2012 and holds 8 years of construction staking field experience. Additionally, he has 9 years of experience working with various versions of AutoCAD. Mr. Keller is well versed in the surveying of ALTA' s and is skilled in mapping research including parcel maps, property corners, and records of survey. Recently, he has been the survey technician for the Skylark project in Tracy and has been providing conformance surveys for various track projects throughout the Ray Area.

GERRY HAMMOND, PLS
Senior Land Surveyor, Construction Staking Manager
Mr. Hammond, California P. L. S. 8166, was licensed as a Land Surveyor in July of 2006. He is proficient in various construction projects including: residential, mid -rise, shoring, commercial, industrial, transportation, infrastructure projects, boundary resolution, mapping, A. L.T.A. Surveys, legal descriptions, monitoring surveys for horizontal and vertical movements, analysis and monumentation, and topographic surveys. Mr. Hammond is well versed in the processing and adjusting of control networks for conventional and GPS surveys. As Senior Surveyor Mr. Hammond provides project planning, management, and coordination along with the review of project deliverables and ensures clients are informed on the status of their projects. In addition to managing field and office staff, Mr. Hammond also one of Kier & Wright' s top performing estimators, providing competitive costs while maintaining Kier & Wright' s impressive quality of work. 2850 Collier Canyon Rd - Livermore, California 94551 ( 925) 245- 8788- FAX( 925) 245- 8796

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KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018

SUB- CONSULTANTS
Cooper Aerial Surveys Co. ( Aerial Surveying)
Cooper Aerial Surveys Co., est. 1966, has provided leading - edge aerial mapping solutions for over fifty years.

Their team applies extensive knowledge of computer science to bring Cooper to new heights in technology and innovation. Cooper' s approach employs the best of leading - edge technology, the experience of their seasoned team, and incorporates sound aerial mapping best practices.

With an average employee tenure of over 15 years, Cooper Aerial depends on the experience of its seasoned professionals to ensure the balance between best - practice, practical solutions and leading -edge technology.

This approach enables them to meet the needs of their clients and deliver successful projects based on their priorities; be it cost- effectiveness, speed of delivery, or levels of data collected.

The Cooper Aerial team offers unparalleled expertise and knowledge of data collection for urban and rural communities as well as vast natural environments.

Cooper' s expertise includes but is not limited to:

Terrestrial, Aerial & Photogrammetric Mapping
Topographic & Planimetric Survey
Ortho- Photography
LiDAR
Oblique Imagery
Remote Sensing
Volume Surveys
Historic Aerial
GIS
Geodata Processing
Erosion Surveys
Large -Scale Printing & Plotting
UAV /Drones
Safe2Core ( Underground Utility Locating)
COOPER AErZtP.. t_
SAFE2CORE personnel have more than 40 years of combined CAI experience in Concrete Scanning, Concrete Cutting, Utility Locating, and CCTV Pipeline Inspection. Their technicians have inspected a wide array of concrete structures, varying from simple inspections, such as locating rebar on concrete walls, to locating post- tension cables in highly complex structural concrete slabs. Their Concrete Cutting operators work in tandem with their Concrete Scanning technicians to insure that no damage is caused to any structural reinforcement or any other embedded targets when destructive work is performed. Their Utility Locating staff is well trained to map underground utility lines prior to excavation or concrete cutting using: GPR Locating, Electromagnetic Detection ( EM), and Magnetometers ( MAG). Safe2core' s CCTV Pipeline inspection technicians hold PACP /MACP /LACP certifications through NASSCO and can help you code defects, assess asset conditions and plan for rehab replacements of your water, drainage, and sewer systems. Safe2core CCTV vans are equipped with the latest Sonde Enabled Main Line and Push Cameras available. 2850 Collier Canyon Rd Livermore, California 94551 ( 925) 245- 8788- FAX( 925) 245- 8796

HOURLY RATE SCHEDULE
Effective March 1, 2018 through February 28, 2019
PRINCIPAL 243. 00 /Hour
PRINCIPAL ENGINEER / SURVEYOR 221. 00 /Hour
SENIOR ENGINEER 192. 00 /Hour
PROJECT ENGINEER 179. 00 / Hour
ENGINEER II 149. 00 / Hour
ENGINEER 124. 00 /Hour
SENIOR SURVEYOR 199. 00 /Hour
PROJECT SURVEYOR 177. 00 /Hour
SURVEY COORDINATOR 170. 00 /Hour
SURVEYOR II 143. 00 /Hour
SURVEYORI 122. 00 / Hour
ENGINEERING TECH II 162. 00 /Hour
ENGINEERING TECH 1 145. 00 /Hour
SENIOR DRAFTSMAN 124. 00 /Hour
DRAFTSMAN II 103. 00 / Hour
DRAFTSMAN 1 93. 00 / Hour
SURVEYTECH 95. 00 / Hour
1 - MAN SURVEY CREW 170. 00 / Hour
2 -MAN SURVEY CREW 275. 00 /Hour
3 -MAN SURVEY CREW 350. 00 /Hour
TESTIMONY ( TRIAL OR DEPOSITION) 475. 00 /Hour
PROJECT COORDINATOR $ 102. 00 / Hour
ENGINEERING COORDINATOR $ 88.00 /Hour
ENGINEERING / SURVEY INTERN $ 51.00 /Hour
All blueprinting and reproduction will be billed at cost plus 30 %. Time spent for preparation for testimony will be billed in accordance with the above hourly rates
2850 Collier Canyon Rd Livermore, California 94551 ( 92S) 245 -8788 FAX ( 925) 245 -8796

Central California Rates | CONFIDENTIAL www.KierWright.com

HOURLY RATE SCHEDULE
Effective March 1, 2023 through February 29, 2024
Principal.............................................................................................................................................................................................................$ 293.00 / Hour Principal Engineer..................................................................................................................................................................................... $ 266.00 / Hour Senior Engineer Manager.....................................................................................................................................................................$ 245.00 / Hour Technical Manager ...................................................................................................................................................................................$ 245.00 / Hour Senior Engineer ...........................................................................................................................................................................................$ 232.00 / Hour Engineer III.......................................................................................................................................................................................................$ 216.00 / Hour Engineer II........................................................................................................................................................................................................$ 180.00 / Hour Engineer I .........................................................................................................................................................................................................$ 150.00 / Hour Senior Survey Construction Manager .........................................................................................................................................$ 239.00 / Hour Senior Land Surveyor..............................................................................................................................................................................$ 239.00 / Hour Project Surveyor III .....................................................................................................................................................................................$ 214.00 / Hour Project Surveyor II.......................................................................................................................................................................................$ 173.00 / Hour Project Surveyor I.......................................................................................................................................................................................$ 148.00 / Hour Survey Coordinator...................................................................................................................................................................................$ 204.00 / Hour Engineering Tech III..................................................................................................................................................................................$ 194.00 / Hour Engineering Tech II ...................................................................................................................................................................................$ 176.00 / Hour Engineering Tech I.....................................................................................................................................................................................$ 164.00 / Hour Draftsman / Survey Tech III ...............................................................................................................................................................$ 150.00 / Hour Draftsman / Survey Tech II..................................................................................................................................................................$ 124.00 / Hour Draftsman / Survey Tech I...................................................................................................................................................................$ 114.00 / Hour 3-Man Survey Crew..................................................................................................................................................................................$ 420.00 / Hour 2-Man Survey Crew..................................................................................................................................................................................$ 332.00 / Hour 1-Man Survey Crew...................................................................................................................................................................................$ 205.00 / Hour Testimony (Trial or Deposition) ........................................................................................................................................................$ 572.00 / Hour Project Coordinator III .............................................................................................................................................................................$ 140.00 / Hour Project Coordinator II................................................................................................................................................................................$ 123.00 / Hour Project Coordinator I................................................................................................................................................................................$ 107.00 / Hour Engineering / Survey Intern................................................................................................................................................................. $ 62.00 / Hour 3D Laser Scanning Crew......................................................................................................................................................................$ 409.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates.

EXHIBIT B

PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
ITEM NO: 10
DATE: May 31, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Grant Agreement with KCAT for “The Producers” 55+ Volunteer Program for $100,000 and Authorize an Expenditure Budget Adjustment of $100,000 from the Available General Fund in the Council Priorities-Economic Recovery Reserve
RECOMMENDATION:

Authorize the Town Manager to execute a grant agreement with KCAT for “The Producers” 55+ volunteer program for $100,000 and authorize an expenditure budget adjustment of $100,000 from the available General Fund in the Council Priorities-Economic Recovery Reserve.

BACKGROUND:

On September 7, 2021, the Town Council approved allocating $100,000 of American Rescue Plan Act (ARPA) funding to KCAT to develop a community of 55+ volunteers who would help create and run local public access TV and internet radio. The program was designed to help ease senior isolation through increased senior engagement.

As the guidelines for the use of ARPA funds evolved, the Town has subsequently used the “simplified” approach by allocating ARPA funding to qualifying expenditures specifically to cover Police staffing costs. This has subsequently freed other General Fund dollars for Council priorities. For auditing and other purposes, staff is tracking these General Fund dollars to ensure that grant recipients provide appropriate documentation for the use of the funds. The unallocated proceeds are in the Council Priorities-Economic Recovery Reserve.

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SUBJECT: Agreement with KCAT and Expenditure Budget Adjustment of $100,000 DATE: May 31, 2023
DISCUSSION:

On February 21, 2023, the Town Council directed staff to allocate $100,000 from the unallocated proceeds to KCAT for to continue 55+ programing for one year. Staff is bringing forward a new agreement for this additional funding. KCAT is requesting funding in fiscal year 2022/23 which requires a budget expenditure adjustment.

CONCLUSION:

Authorize the Town Manager to execute a grant agreement with KCAT for “The Producers” 55+ volunteer program for $100,000.

FISCAL IMPACT:

There is sufficient funding in the Council Priorities-Economic Recovery Reserve to cover the proposed grant and its budget expenditure adjustment.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Draft Agreement with Exhibit A – Grantee’s Proposal and Exhibit B – Final Reporting Form

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TOWNOF LOS GATOS

GRANT AGREEMENT
Summary:

The Town of Los Gatos (“Town”) has awarded a grant to KCAT (“Grantee”) in the total amount not to exceed $100,000 for the period from June ___, 2023 to June 30, 2024. This letter (“Agreement”) sets forth the terms and conditions of the grant award.

Payment Terms and Use of Funds:

Grantee must accept the terms of this Agreement prior to disbursement of grant funds. Grant disbursement to the Grantee shall be made after receipt of the grant claim form and the countersigned original of this Agreement. Please submit award claim and signed copy of this agreement to: Town of Los Gatos, Town Manager’s Office, Attention: Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.

Grant funds shall be used exclusively to support the project(s) as set forth in the Grantee's proposal, which is attached as Exhibit A and incorporated by reference, with the exception of funding for print or community outreach proposals. Any use of funds for a purpose other than that described in the Grantee's original proposal requires the Town's prior written consent.

Unused Funds:

At the conclusion of the grant period, Grantee agrees to return any unexpended or unaccounted for funds to the Town. Grantee agrees to return all disbursed funds if (1) grant funds have not been used for their intended purpose, or (2) have been used inconsistently with the terms of this Agreement, or (3) if the activities or outputs funded by the grant are materially incomplete by the end of the grant period, as determined by the Town in its sole discretion.

No Pledge:

This Agreement shall not be interpreted to create any pledge or any commitment by the Town to make any further grants or contributions to Grantee or any other person or entity for this or any other project.

Reporting and Records:

Grantee agrees to deliver to the office of the Town Clerk a final written report in the form attached as Exhibit B to this Agreement by July 31, 2024. The written report must include copies of completed contracts, paid invoices, timecards, payroll check register report, cash receipts, vouchers, cancelled checks, bank statements and/or other official documentation to show the Town how the grant funds were expended. This documentation shall explain how each expense is related to the approved purpose of the grant. The final written report is a publicly accessible document.

Original receipts and invoices must be maintained by Grantee for five years and shall be made available to the Town upon request. Grantee agrees to maintain adequate financial records consistent with generally accepted accounting practices, and to retain such records for at least five years after the ATTACHMENT 1

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conclusion of the grant period. The Town may monitor and conduct an evaluation of the Grantee’s operation to ensure compliance with this Agreement.

Grantee will provide a minimum of one site visit or project observation at a mutually agreed upon time during the grant period to a Town staff representative. An interim check-in by phone, video meeting or email may also by requested at any time during the grant period by either the Town or the Grantee.

Publicity Acknowledgement:

Grantee will acknowledge the Town’s support in any publications or materials related to the project, as follows: “Supported in part by a grant from the Town of Los Gatos”. Grantee agrees that The Town may include information about the Grantee and its activities in its own reports and publications and may distribute such information to third parties.

No Agency:

Grantee is solely responsible for the results of its services, compliance with the terms of this Agreement, and for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the Grantee and the Town. The Grantee shall not represent itself as an agent of the Town for any purpose and has no authority to bind the Town in any manner whatsoever.

No Lobbying:

Grantee confirms that the grant funds will not be used for the purpose of lobbying, carrying on propaganda or otherwise attempting to influence legislation as defined by the United States Internal Revenue Code of 1986.

No Assignment:

Grantee may not assign this Agreement or delegate performance of the terms of this Agreement or of the project to any other person or entity without the prior written consent of the Town.

Indemnity:

Grantee agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Town, its elected and appointed officials, employees, and agents, from any and all claims, injury, liabilities, losses and expenses (including attorney’s fees) directly, indirectly wholly or partially arising from or in connection with any act or omission of Grantee, its employees or agents, in applying for or accepting the grant, in expending or applying grant funds, or in carrying out the project as set forth in the proposal. Grantee shall defend Town, its elected and appointed officials, employees, and agents, against any such claims.

Compliance with Law:

Grantee shall comply with and cause all its contractors and employees, if any, to comply with all applicable federal, state and local laws, ordinances, codes, regulations.

Contact and Notices:

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All notices, reports, or other correspondences related to this Agreement shall be sent to the following Addresses:

TOWN
Town of Los Gatos Town
Manager’s Office 110 E.

Main St
Los Gatos CA 95030

GRANTEE
KCAT
Melissa Toren, Executive Director
15466 Los Gatos Blvd., #109-233
Los Gatos CA 95032
Agreement and Authority:

Grantee acknowledges and agrees that this Agreement represents the entire agreement between the Grantee and the Town with respect to the subject matter addressed herein. The terms of this Agreement may be modified only by writing signed by duly authorized representatives of both parties. The person(s) signing this Agreement on behalf of the Grantee represents and warrants to the Town that they have the requisite legal authority and power to execute this Agreement, and to bind Grantee to the obligations contained herein.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first herein above set forth.

TOWN OF LOS GATOS
__
Laurel Prevetti, Town Manager Date
Organization Name
Signature of grant representative Date
Printed name of grant representative Title of grant representative

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APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney Date
Attest:
___________________________________
Wendy Wood, TownClerk
Exhibits:

A. Grantee’s original proposal
B. Final Grant Report Template
Los Gatos Grant Agreement. KCAT

On behalf of the Board of Directors of KCAT TV15, the Los Gatos-based nonprofit community access television station, I am pleased to present the following proposal for consideration of American Rescue Plan Act funding by the Community Health and Senior Service Commission (CHSSC) on a new, impactful and, once established, sustainable TV and radio production program for the betterment of our senior "55 plus" community. "THE PRODUCERS" PROGRAM OVERVIEW
KCAT is excited to build a community of age 55+ volunteers who are post-career, into retirement and beyond with an interest in running our growing local public access TV and, new this year, internet radio station. We are calling this program THE PRODUCERS. With this program, KCAT will empower our community's valued seniors to share their voice and perspective on issues, challenges and joys of our community, via TV, film and radio broadcast production.

Having watched and learned about the successes of senior-produced programming from colleagues at other public stations around the Bay Area, the KCA T board and I have wanted to offer this to the Los Gatos community for years. KCAT staff has deep expertise in teaching and training community members how to produce, film, edit and broadcast video, TV shows and now radio. With support from this short-term Townaffiliated ARPA funding, KCAT will be able to launch a sustainable program for senior producers, cinematographers, editors and on-air talent!
THE PRODUCERS will bring a wealth of value and skills to KCAT and our community in a fun, exciting and innovative way for them and for us. The positives are abundant: a proven business model with an immediate program implementation; inclusive and creative environment; ongoing results and measurements; camaraderie; and a "plug and play" TV and radio studio! ABOUT LOS GATOS PUBLIC MEDIA INC./ KCAT TV15
Los Gatos Public Media Inc. is a 501(c)(3) nonprofit public benefit corporation providing public, educational and community access cable television and internet radio facilities via its KCAT TV station (on Comcast channel 15) and digital media center. Located on the Los Gatos High School campus, KCAT offers the community an interactive platform for collaboration, connection and engagement. We enable everyone to share stories, amplify messages and raise visibility through TV, streaming, on-demand videos, social media channels and internet radio. In addition to teaching year-round multimedia classes for youth, our in-house staff provides professional screenwriting, filming, podcasting, editing and video production services for individuals, organizations and businesses; recording, broadcasting, and streaming of local government meetings; and public access to media tools, equipment, training, and low-cost studio facilities. Celebrating 38 years of service, KCAT TV & Radio enables opportunities to create deeper connections by bringing together diverse communities. Our nine-member board of directors sincerely appreciates its viewers, staff and the incredible support of the Town of Los Gatos, City of Monte Sereno, Los Gatos Unified School District, wonderful sponsors and generous foundations and donors.

KCATTVlS 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected] EXHIBIT A Page 170
KCAT 15 PROPOSAL TO CHSSC

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ENDLESS OPPORTUNITIES FOR EVERYONE
THE PRODUCERS program is intended to be a new, impactful and, once established, sustainable TV and radio production program for the betterment of our senior "55 plus" community. Implementation of THE PRODUCERS will contribute to decreasing senior isolation and increasing senior engagement and programming, noted issues of concern to CHSSC.

Conveniently located on the Los Gatos High School campus, the KCAT TV studio, Control Room and Podcast/Radio studio provides an additional venue and workspace for Los Gatos seniors to gather while sharing their talents and learning new skills; creating; socializing; and enjoying accomplishments with friends and neighbors.

We know that television remains a beloved platform to all for news and entertainment, particularly in our current digital media environment. In that spirit and as a local public access station, KCAT is seeking volunteer adults aged 55+ (individuals and teams) to learn about and then focus on the entire TV and radio on-location and in-studio production process, from talent searching, technical operations, directing and scheduling to developing original content, scriptwriting, set design, curating shows, running news and sports, and organizing a solid business model consisting of advertising and revenue streams.

We've seen this model work at other Bay Area public access TV stations and believe that by empowering our seniors, we'll create a dynamic new program for our community! INCLUSIVITY: SIMPLY BRING YOUR LIFE EXPERIENCE
THE PRODUCERS program will include seniors of any age, active/non-active, skill set, time limitation or desired role. The beauty of KCAT's model is everyone is free to incorporate their everyday interests, skills and talents in a fun and meaningful way while meeting new people and creating community. Every PRODUCER will be a valued participant, have clear expectations and the resources to be successful in a collaborative, fun, creative and fulfilling environment.

KCAT envisions a stream of individuals and groups of seniors coming in-studio to develop and produce entire seasons of shows on an on-going, "rolling" basis, with one group following and coordinating with the other as they navigate the production process together.

Examples of identifiable personality traits that can be transformed into exciting roles at the TV & Radio station:
• Love to write ... letters, notes, anything? We can offer feature story writing and advertising copywriting, scriptwriting, cue cards
• Have the gift of gab? Be an actor, floor director, podcast host, news anchor • Good with numbers? We have budgeting opportunities, TV scene schedules, equipment orders, viewership ratings and metrics
• Organizing a passion? Organize our production schedule, develop workflows, keep equipment in order KCATTVlS 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected]

KCAT 15 PROPOSAL TO CHSSC

PAGE THREE
• Engineering/technical your thing? Then a TV station is a paradise for you I • Strategic thinker? Brainstorm and develop plans for ad campaigns to market the new shows • Love marketing and revenue? Bring your business acumen to drive sales and sponsorship opps As a community access TV station, we are always looking for local content. Here are some ideas that THE PRODUCERS could embrace when brainstorming to create a TV show with an entire season of episodes:
• Cooking, Favorite Local Restaurants, Farm to Table,
• Painting, Crafts, Art History, Intro to Art and Wine, Antiques • Gardening, Planting an Herb Garden, Bird Watching
• Road Tripping in the USA, Best Local Trails, Health & Wellness • Local News, In-depth Stories and Interviews, Trivia, documentaries THE PRODUCERS will have complete freedom to bring their ideas to life and create shows of interest to them and the community. Here is an example of how large groups with a variety of talents can produce a show:

Let's say someone identifies as having "the gift of gab" from the list above. That same individual also loves to bake and has a friend who bakes as well. They would have a great time as hosts of a new cooking show! KCAT would then assist in finding other individuals to produce, direct, write scripts, film, edit and market an endless amount of episodes. As a team, everyone involved shares in the pride of creating "The Baking Show" and seeing their names in the credits as their production comes to life through the magic of television! What could be a more exciting reason to celebrate our volunteers!

SUSTAINABILITY AND REACH
With the support from ARPA seed funding, KCAT will take its training expertise to local seniors. THE PRODUCERS will be certified as qualified to use KCAT's equipment, in studio or on location. Importantly, after training and with experience, THE PRODUCERS will have the skills necessary to continue to produce their own shows for broadcast and internet distribution in the years to come. Participants in KCAT's inaugural year of THE PRODUCERS program will be able to pass on their knowledge to incoming seniors.

Our Comcast TV Channel 15 geographical area served includes Los Gatos and Monte Sereno, california; however, because we offer streaming and on-demand programming at www.kcat.org, Apple TV or Roku, our geographical area extends to Silicon Valley, the Bay Area and beyond-essentially, we're viewable worldwide through our website. The same can be said for our new KCAT internet radio, which will be available via an internet radio website and through Spotify and other streaming services.

CROSS-GENERATIONAL
KCAT has a substantial presence on the Los Gatos High School campus and works closely with middle, high school and college students throughout the community. We intend to foster and encourage an atmosphere of collaboration and learning experiences shared by seniors and our youth. This is a win-win environment: THE KCATTV15 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected]

KCAT 15 PROPOSAL TO CHSSC

PAGE FOUR
PRODUCERS will benefit by new digital/social media and mobile approaches familiar to youth, and the youth will be able to leverage the experience and skill set ofTHE PRODUCERS.

BRING BACK LOCAL INITIATIVE
KCAT will encourage THE PRODUCERS to help fill the local news gap by embracing a "Bring Back Local" initiative. We'll inspire the kind of locally sourced TV and podcast content that our community desperately misses. THE PRODUCERS volunteers will help spread the word about this unique new senior program by contributing feature stories and news articles to local publications that seniors read. Additionally, our senior volunteers who are trained for on-location filming and interview technique will themselves become valuable resources and ambassadors within our community: They will be able to film community events, LGS Recreation programs, ribbon cuttings and service club projects, for example.

THE PRODUCERS ROLL-OUT PLAN & BUDGET
The requested short-term funding of $200,000 will be allocated as follows:
$60,000
$20,000
$40,000
$30,000
$10,000
$40,000
THE PRODUCERS Program Engagement & Marketing Manager
• Develop an ongoing and adaptive plan to recruit seniors 55+; implement an ongoing marketing strategy that results in measurement, such as number of volunteers recruited and active; identify, develop and match people's skills and interests to roles, create and manage database, implement programs, such as friends bring friends, etc.

Program Volunteer Coordinator
• Supports the manager: ad min, scheduling, follow-up, meetings, coordinating events Tech Support & Training
• Ongoing classes/training by KCAT staff and outside resources for seniors to learn the TV station, become proficient in using equipment and develop skills and interests Marketing and engagement
• Create an exciting video outlining THE PRODUCERS program and distribute it to all senior living facilities, active adult groups, Nextdoor, TV before Council meetings, etc. • Continual distribution of print ads and articles (The Outlook), TV, and Radio ads, flyers, social media platforms; social activities, volunteer recognition events Content curation and programming
• In addition to producing new content, curating content for KCAT TV is another exciting project for seniors, for example researching and purchasing documentaries, student films or other shows from around the Bay that would draw community interest on TV Program-specific equipment
• Purchase program-related and user-friendly equipment beyond the full KCAT inventory • In support of programs, software and license subscriptions will be purchased that are necessary to produce a show, for example: editing, graphic templates, music, etc.

KCAT management will oversee THE PRODUCERS program budget. KCAT adheres to strict accounting of employee hours and will be happy to provide programmatic expenses or performance reports as agreed upon.

KCATTV15 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected]

KCAT 15 PROPOSAL TO CHSSC

PAGE FIVE

IMPLEMENTATION PLAN
PHASE ONE: RECRUITING VOLUNTEERS
• Host an event with Town Council members, all Los Gatos Commissioners, community members to create "buzz," raise awareness of the program, and kickstart outreach to our senior community for the THE PRODUCERS. An exciting recruitment video will be shown as well as distributed on key platforms • Event will feature a tour of KCAT 1V & Radio facilities, presentation of THE PRODUCERS program and a demonstration of equipment available to seniors 55+.
• Initial marketing campaign to promote THE PRODUCERS: distribute flyers, posters, 1V and radio ads; post on Nextdoor, social media; connect with community partners, nonprofit groups; word of mouth; contribute feature stories and news articles to local senior print publications such as The Outlook.

PHASE TWO: MATCH GAME
• Onboarding, matching and prioritizing participant skills with roles, introducing creative process to produce shows and create content.
• Volunteers will begin classes taught by KCAT staff to learn studio and on-location equipment operation, scriptwriting, acting techniques, editing, etc. • Timelines will be created for THE PRODUCERS team to begin the journey of producing their shows PHASE THREE: LIGHTS, CAMERA, ACTION I
• We will have a Watch Party and Celebration event for THE PRODUCERS show I • Spread the word and let family, friends and the community know when and how to watch new shows on KCATlV by THE PRODUCERS

DATA / TRACKING / MEASUREMENT
THE PRODUCERS program is intended to be a new, impactful and, once established, sustainable 1V and radio production program for the betterment of our senior "55 plus" community. Our long-term goal is having individuals and groups of seniors become KCAT 1V and radio producers, developing and directing entire seasons of shows on an on-going, "rolling" basis.

During this inaugural year, THE PRODUCERS program's effectiveness will be evaluated in the following ways:
• Satisfaction of the senior participants: 100% of the seniors participating in the THE PRODUCERS will say that they have gained valuable skills and experiences
• Participants will enjoy the program which will encourage them to bring others to join the fun. • Number of active THE PRODUCERS groups: Our goal isn't so much the quantity of shows but having multiple groups of seniors getting together to learn and implement the lV, podcast or radio entire production process: brainstorming, scriptwriting/storyboarding, producing, directing, filming, acting, tech, editing, marketing, and sponsorship/business planning. KCAT intends to create 5-10 such groups, approx. 30-50 active participants, during the inaugural year.

KCATTV15 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected]

KCAT 15 PROPOSAL TO CHSSC

PAGE SIX
• KCAT will measure audience viewership, listenership and engagement through analytics, ratings providers, surveys, targeted advertising, and online and social media strategies to drive viewers, and possibly subscription services.
• Percentage of participants that join a post-inaugural year production team: KCAT will strive to have 50% or more of the participants continue on to produce original broadcast content past THE PRODUCERS' inaugural year which will be sustained through show sponsorships, fund raising and grants secured by THE PRODUCERS and KCAT staff.

Thank you for your strong consideration to fund this exciting new program that will benefit our Adult 55+ community in so many ways.

If you have further questions or thoughts, please feel free to reach out to me anytime.

Melissa Toren
Executive Director
KCATTV15
[email protected]
KCATTVlS 15466 Los Gatos Blvd., #109-233, Los Gatos, CA 95032 www.kcat.org [email protected]

TOWN OF LOS GATOS

GRANTS REPORT
Instructions

1. This report must be submitted to the Town of Los Gatos by july 31, 2023.

2. Any unused grant funding must be returned to the Town of Los Gatos.

3. Submit final report to:

Town Manager's Office
Attn: Town Clerk
110 E. Main St, Los Gatos, CA 95030
Grantee Information
Organization:

Mailing Address:

Program Coordinator:

Contact Email:

Contact Phone:

Program Information
Program Title:

Date/s of Program:

Total Program Attendance:

Number of Los Gatos
Residents participating:

Budget
Total Grant Funds Awarded:

Total Grant Funds Spent:

Itemize all grant fund expenditures (use additional pages as needed):

Total
Amount
EXHIBIT B Page 176
Program Summary
Please provide an overview of the program as it was implemented during the grant period:

EXHIBIT B Page 177
Program Summary cont.

Please tell us about the population that this program served and any direct impacts that your organization observed as a result of the program:

EXHIBIT B Page 178
Program Summary cont.

Program Summary cont.

Please provide any additional statistics that you feel would highlight your program:

Signatures
I certify that the information provided in this report is true and correct to the best of my knowledge.

Event Coordinator: I J Date:
(Name Printed):

Organization's Director: I J Date:
(Name Printed):

EXHIBIT B Page 179
PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023
ITEM NO: 11
DATE: May 26, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Close the Winchester Boulevard Complete Streets Project (CIP No. 813-0238) and:
a. Request that VTA Reallocate Measure B $1,734,250 Funding; b. Authorize an Expenditure Budget Transfer in an Amount of $169,000 from Available General Fund Appropriated Reserve (GFAR) Funds in Project No. 813-0238 to Project No. 832-4505 - Los Gatos Creek Trail to Highway 9 Connector Project; and
c. Authorize an Expenditure Budget Transfer in an Amount of $432,926 from Available GFAR Funds in Project No. 813-0238 to Project No. 813-0241 - Kennedy Sidewalk - Los Gatos Boulevard
RECOMMENDATION:

Authorize the Town Manager to Close the Winchester Boulevard Complete Streets Project (CIP No. 813-0238) and:
a. Request that VTA reallocate Measure B $1,734,250 funding; b. Authorize an expenditure budget transfer in an amount of $169,000 from available General Fund Appropriated Reserve (GFAR) funds in Project No. 813-0238 to Project No. 832-4505 - Los Gatos Creek Trail to Highway 9 Connector Project; and c. Authorize an expenditure budget transfer in an amount of $432,926 from available GFAR funds in Project No. 813-0238 to Project No. 813-0241 - Kennedy Sidewalk - Los Gatos Boulevard.

BACKGROUND:

In June 2020, the Town of Los Gatos was awarded a Measure B grant from the Valley Transit Authority (VTA) in the amount of $1,734,250 for the design and construction of the Winchester Boulevard Complete Streets Project. In addition, the Town has allocated a total of $743,251

PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Request VTA Reallocate Measure B Funding and Approve the Reallocation GFAR Associated with the Winchester Boulevard Complete Streets Project (CIP No. 813-0238)
DATE: May 26, 2023
BACKGROUND (continued):
from the General Fund Appropriated Reserve (GFAR) for this project, of which $601,926 remains. The total engineer’s estimate for this project is in excess of $72 million.

During development of the Capital Improvement Program (CIP) budget for 2023/24 – 2027/28, staff suggested that design and construction of the Winchester Boulevard Complete Streets Project not be pursued at this time and that the existing funds be reallocated to other projects that are in process but not fully funded. At its March CIP discussion, the Town Council agreed.

DISCUSSION:

Parks and Public Works staff has reviewed the existing project inventory and considered potential uses for the Measure B and GFAR Funding. Measure B funding can only be allocated to projects that were submitted by the Town during the call for projects. The Town has four projects on the Measure B list, including the Winchester Complete Streets Project. The three other project eligible for Measure B funding are:

1. Los Gatos Creek Trail Connector at Highway 9 (CIP No. 832-4505). This project was bid for construction in April 2023 and costs were higher than anticipated. Staff has been able to identify funding except for $576,672. The existing project funding already includes $693,500 in Measure B funding. Construction awards for this project must be made by August 4, 2023 to prevent the need to rebid the project.

2. Kennedy Road Sidewalks Los Gatos Boulevard to Englewood (CIP No. 813-0241). This project will improve pedestrian and bicycle connectivity to Van Meter Elementary School, Fisher Middle School, and Los Gatos High School. Construction is expected to include Class II bike lanes and sidewalks along the approximately 2,100 feet of Kennedy Road in the project reach. The projected cost of design and construction is estimated to be $3,000,000 to $3,300,000 based on concept planning. The project has existing Measure B funding of $832,300, plus GFAR of $59,400. This leaves a projected funding gap of $2,108,600 to $2,408,300.

3. Highway 17 Bicycle and Pedestrian Overcrossing (CIP No. 818-0803). The design of this project is fully funded through construction. Design funding included $2,754,990 of Measure B funding. At this time there is no funding allocated for construction. The current funding gap for this project therefore is approximately $25 million.

PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Request VTA Reallocate Measure B Funding and Approve the Reallocation GFAR Associated with the Winchester Boulevard Complete Streets Project (CIP No. 813-0238)
DATE: May 26, 2023
DISCUSSION (continued):

Staff recommends that the Town request that VTA Board of Directors approve reallocation of all Winchester Boulevard Complete Streets Measure B funds to the Kennedy Road Sidewalks project. Using this Measure B funding for the Los Gatos Creek Trail Connector project is not possible since the reallocation of Measure B funding requires an act of the VTA Board of Directors. Such action cannot be taken before the August 4 deadline for construction award.

Staff is recommending that the GFAR associated with the Winchester Boulevard Complete Streets project be split, with $169,000 allocated to the Los Gatos Creek Trail Connector at Highway 9, and the remaining $432,926 allocated to the Kennedy Road Sidewalks project. This action will fill the funding gap for the Trail Connector Project and allow the proposed construction award to be presented to Town Council at its meeting for August 1, 2023.

CONCLUSION:

The Winchester Boulevard Complete Streets project is an important element of the Bicycle and Pedestrian Master Plan, but the limited PPW staffing available for capital projects has prevented the project from moving forward. In addition, the total cost for design and construction exceeds a reasonable amount that the Town currently has available. Therefore, staff recommends that a request be submitted to the VTA to reallocate all Measure B funds from the Winchester Complete Streets Project to the Kennedy Road Sidewalks project. If approved by the VTA Board, a subsequent Town Council action will be needed for the allocation to the Kennedy Road Sidewalks project. Staff recommends that the GFAR associated with the Winchester Complete Streets Project be allocated to Los Gatos Creek Trail Connector and Kennedy Road Sidewalks Project.

COORDINATION:

This memorandum has been coordinated with the Finance Department, Attorney’s Office and VTA staff.

FISCAL IMPACT:

The proposed action calls for reallocating existing funding between existing projects. There is no net increase or decrease to overall funding in the capital program as a result of this request.

PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Request VTA Reallocate Measure B Funding and Approve the Reallocation GFAR Associated with the Winchester Boulevard Complete Streets Project (CIP No. 813-0238)
DATE: May 26, 2023
FISCAL IMPACT (continued):

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Budget Costs
GFAR $ 601,926
Total Budget $ 601,926
Budget Transfer to CIP No. 832-4505 $ 169,000
Budget Transfer to CIP No. 813-0241 $ 432,926
Total Costs $ 601,926
Remaining Balance $ -
Winchester Boulevard Complete Streets Final Design
CIP No. 813-0238

PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023
ITEM NO: 12
DATE: May 26, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and take the following actions:
a. Authorize the Town Manager to Execute Supplement 2 to the Agreement for One Bay Area Grant Program (OBAG II) Grant Funds for Total Compensation of $6,193,000 from the Department of Transportation (Caltrans); and
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $2,842,000 to Recognize the Receipt and the Spending of the Additional OBAG II Grant; and
c. Adopt a Resolution Authorizing Receipt of $68,884 from the Transportation Development Act Article 3 (TDA3) Funding Program; and d. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $68,884 to Recognize the Receipt and the Spending of the TDA3 Funding
RECOMMENDATION:

Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) and take the following actions:
a. Authorize the Town Manager to Execute Supplement 2 to the Agreement for One Bay Area Grant Program (OBAG II) Grant Funds for Total Compensation of $6,193,000 from the Department of Transportation (Caltrans); and
b. Authorize revenue and expenditure budget adjustments in the amount of $2,842,000 to recognize the receipt and the spending of the additional OBAG II Grant; and c. Adopt a Resolution Authorizing Receipt of $68,884 from the Transportation Development Act Article 3 (TDA3) Funding Program (Attachment 3).
d. Authorize revenue and expenditure budget adjustments in the amount of $68,884 to recognize the receipt and the spending of the TDA3 Funding

PAGE 2 OF 6
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Project (CIP No. 832-4505)
DATE: May 26, 2023
BACKGROUND:

The Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (Project) was identified as a priority in the 2017 Bicycle and Pedestrian Master Plan and the 2020 Update to the Plan.

Design of the Project was started in 2018 and staff has been working on design, environmental clearance, and development of construction documents ever since.

On January 17, 2023, Town Council authorized staff to issue two bids for the Project: one for construction and a second for construction management, inspection, and material testing services. Construction bids were opened on April 6, 2023 and a total of five bids were received.

Bids for construction management, inspection, and material testing were based on qualifications, and cost negotiations with the preferred consultant are still in progress. For both bids, preliminary review is ongoing and a bid award memo will be brought to Town Council on August 1, 2023; however, initial analysis of the bids suggests that the construction costs for the project will exceed the total project cost presented in the January 17, 2023 report.

DISCUSSION:

Table 1 compares the costs presented in January 2023 with the updated costs. At this time staff believes the May 2023 costs accurately represent the Project.

Table 1. Los Gatos Creek Trail to Highway 9 Trailhead Connector Project Construction Phase Services Cost Comparison
The construction costs were significantly higher than expected as noted above. Staff reviewed the construction bids with the design engineering team and found that the overages are not attributed to any one specific line item, but rather than a number of items are proposed at higher costs than anticipated. Examples of this include traffic control, mobilization, handrailing systems, and structural concrete. The overages are the result of higher than expected inflation, Item
Costs per
1/17/2023 Council
Memo
Updated Costs -
May 2023 Increase
Construction $ 4,361,984 $ 6,529,396 $ 2,167,412
Construction Contingency (10 percent) $ 436,198 $ 652,940 $ 216,742 Construction Management (CM)
Consultant CM/RE/Inspection, Testing and Monitoring $ 775,926 $ 1,250,000 $ 474,074 Town Project Management $ 150,000 $ 127,000 $ (23,000.00) Construction Support Services from Design Engineer $ - $ 206,371 $ 206,371 Other Project Delivery Costs $ 5,000 $ 50,000 $ 45,000
Total Costs $ 5,729,108 $ 8,815,707 $ 3,086,599

PAGE 3 OF 6
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Project (CIP No. 832-4505)
DATE: May 26, 2023
DISCUSSION (continued):
the relatively small size of the Project compared to other transportation projects, the complexity of the work area adjacent to Route 9 and the existing trail, and worker shortages in the construction trades. Follow up conversations with staff at Valley Transportation Agency (VTA) confirmed that many transportation-related projects are seeing similar cost increases.

Throughout the Project development, staff had been seeking grants and working to secure project funding. Following the bid opening, staff evaluated the existing funding and attempted to identify additional potential sources. Table 2 shows the funding sources presented in January in comparison to funding that has been identified to meet the updated total project cost.

Table 2. Los Gatos Creek Trail to Highway 9 Trailhead Connector Project Funding Comparison One Bay Area Grant Cycle II (OBAG II) – In mid-April, VTA sent a message to all Santa Clara County jurisdictions that an OBAG II funded project in another jurisdiction had been cancelled.

VTA asked for other potential projects that might use the funding. Staff notified VTA of the construction funding shortfall for the Project. VTA reviewed the Project with the Metropolitan Transportation Commission (MTC) and offered the Town additional OGAB II funding of $2,842,000 to support the Project. The Town had executed a Master Agreement with the California Department of Transportation (CalTrans) for OBAG II funding in 2019 (Attachment 1).

A Supplemental Agreement (Attachment 2) was executed in February 2023 to accept $3,351,000 for construction. Staff is working with CalTrans to develop and execute a second supplement to for the additional $2,842,000, which is expected to follow the same form as shown in Attachment 2. The new supplement is expected to be available for signing in July 2023. Staff is seeking authorization for the Town Manager to execute the supplement now to allow the grant funds to be recognized before the construction award is considered by the Council on August 1, 2023.

Sources per
1/17/2023 Council
Memo
Updated Sources -
May 2023
OBAG Cycle II Grant - CMAQ $ 3,351,000 $ 6,193,000
GFAR $ 995,377 $ 1,160,387
Measure B (2016 Program Bicycle and Pedestrian Program) $ 693,500 $ 693,500 TFCA $ 755,921 $ 755,921
TDA3 $ - $ 68,884
Total Budget $ 5,795,798 $ 8,871,692

PAGE 4 OF 6
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Project (CIP No. 832-4505)
DATE: May 26, 2023
DISCUSSION (continued):

General Fund Appropriated Reserve (GFAR) – With the cancellation of the Winchester Boulevard Complete Street project, staff has requested that $169,000 of GFAR be transferred to this Project. This is the amount needed to balance the project budget after all other sources were evaluated. A separate Council agenda item addresses this request.

Measure B: The Project was awarded Measure B funds and the requisite funding agreement was executed in February 2023. Staff considered reallocating a portion of the Winchester Boulevard Complete Streets Measure B funding to the Project, but reallocation of Measure B funding requires an act of the VTA Board of Directors and there was not enough time for that action to occur before construction bids expire on August 4, 2023.

Transportation Fund for Clean Air (TFCA): The project has received $755,921 in TFCA funds and the grant agreement has been executed.

Transportation and Development Act Article 3 (TDA3): Through the MTC, VTA distributes TDA3 funding to Santa Clara County cities and towns annually. This funding can be used for any bicycle and pedestrian project. Los Gatos has $68,884 of TDA3 available and is proposing to use the funding for the Project. Use of the funding requires a Council resolution and application to MTC as noted in Attachment 3.

CONCLUSION:

The funding identified can fully fund the Project and staff is seeking approval of this funding plan before returning with the construction and construction inspection award contracts. If this funding plan is not authorized, then it is unlikely the project will move forward to construction at this time.

COORDINATION:

This memorandum was coordinated with the Finance Department and VTA.

FISCAL IMPACT:

The fiscal table below reflects the updated costs and budget sources for the construction phase of the project, which will be sufficient to fund the project.

PAGE 5 OF 6
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Project (CIP No. 832-4505)
DATE: May 26, 2023
FISCAL IMPACT (continued):

As noted in the staff report, the new OBAG supplement is expected to be available for signing in July 2023. Staff is seeking authorization now for the Town Manager to execute the supplement to allow the grant funds to be recognized before the construction award is considered by the Budget Costs
GFAR $ 1,259,127
OBAG Cycle II Grant - CMAQ $ 3,351,000
OBAG Cycle II Grant - CMAQ $ 353,000
Measure B (2016 Program Bicycle and Pedestrian Program) $ 693,500 TFCA Grant Funds $ 755,921
Total Budget $ 6,412,548
Potential Additional Funding
GFAR (Requested in a Separate Council Agenda Item - Transfer from CIP No. 813-0238) $ 169,000
TDA3 Grant Funds (Requested with this Staff Report) $ 68,884 OBAG Cycle II Grant - CMAQ (Requested with this Staff Report) $ 2,842,000 Total $ 3,079,884
Total with Potential Budget $ 9,492,432
Design Phase
Consultant Services - Mott MacDonald $ 576,747
Part-Time Staff Cost $ 99,297
Other Project Delivery Costs $ 490
Design Total $ 676,534
Construction Phase
Construction $ 6,529,396
Construction Contingency (10%) $ 652,940
Consultant CM/RE/Inspection, Testing, and Monitoring $ 1,250,000 Town Project Management $ 127,000
Construction Support Services from Design Engineer $ 206,371 Other Project Delivery Costs $ 50,000
Construction Totals $ 8,815,707
Total Project Expenditures $ 9,492,241
Remaining Budget $191
Los Gatos Creek Trail to Highway 9 Trailhead Connector
CIP No. 832-4505
Construction Management

PAGE 6 OF 6
SUBJECT: Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Project (CIP No. 832-4505)
DATE: May 26, 2023
FISCAL IMPACT (continued):

Council on August 1, 2023. For the TDA3 grant, the use of the funding requires a Council resolution and application to MTC, which staff has attached for authorization.

Approval of this funding plan would allow staff to return to Council in August with the construction and construction inspection award contracts.

ENVIRONMENTAL ASSESSMENT:

CalTrans opted to be the lead agency for the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This project is Categorically Exempt per Section 15301, PRC 21084; 14 CCR 15300.

Attachments:

1. Master Grant Agreement for One Bay Area Grant Cycle II

2. Supplement 1 to OBAG II Agreement

3. Resolution and Grant Application for TDA3 Funding

MASTER AGREEMENT

ADMINISTERING AGENCY -STATE AGREEMENT FOR

FEDERAL -AID PROJECTS
04 City of Los Gatos
District Administering Agency
Agreement No. 04- 5067F15
AGR L-- L--_
IHH
This AGREEMENT, is entered into effective this 2,0 day of 201, by and between City of Los Gatos, hereinafter referred to as " ADMINISTERING A NCY," and the State of California, acting by and through its Department of Transportation ( Caltrans), hereinafter referred to as "STATE ", and together referred to as " PARTIES" or individually as a " PARTY." RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act ( ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific " Authorization /Agreement Summary ", herein referred to as " E -76" document, is approved by STATE and the Federal Highway Administration ( FHWA).

2. The term " PROJECT ", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully- described in an Authorization/ Agreement Summary" or " Amendment/ Modification Summary", herein referred to as " E -76" or " E -76 ( AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E- 76/ E -76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from /through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and /or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project- specific PROGRAM SUPPLEMENT within ninety ( 90) days of receipt. The PARTIES agree that STATE may suspend future authorizations /obligations and invoice payments for any on -going or future federal -aid project performed by ADMINISTERING AGENCY if any project- specific PROGRAM SUPPLEMENT is not returned within that ninety ( 90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative / Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E -76 or E -76 ( AMOD), unless otherwise stated in the executed project - specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase( s) on the project- specific E -76 or E -76 ( AMOD).

ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E -76 ( AMOD) from STATE for that phase( s) unless no further federal funds are needed or for those future phase( s).

8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program ( FSTIP) prior to ADMINISTERING AGENCY submitting the Request for Authorization ".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES ") relating to the federal -aid program, all Title 23 Code of Federal Regulation ( CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project- specific PROGRAM SUPPLEMENT.

10. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System ( NHS) allow STATE to accept either the STATE' s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES.

11. If PROJECT involves work within or partially within STATE -owned right -of -way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.

ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS &E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT.

15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full -time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT - specific contract award documents to STATE' s District Local Assistance Engineer within sixty ( 60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY. .

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a " Report of Expenditures" within one hundred eighty 180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.

18. ADMINISTERING AGENCY shall comply with: ( i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; ( ii) the Americans with Disabilities Act ( ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and ( iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds.

ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM ( Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES ( Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT - related work shall incorporate Exhibits A and B ( with third party' s name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY.

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State' s current LOCAL ASSISTANCE PROCEDURES and STATE' s Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non - profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his /her dwelling or to move his /her business or farm operation without at least ninety ( 90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY' s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT - displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants ( ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement( s) between itself and the other jurisdictional Agency or Agencies providing for the, operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, , ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety ( 90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE' s concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well- trained staff of engineers and /or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission ( CTC).

2. STATE' S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project- specific E -76 or E -76 ( AMOD), the execution of each project- specific PROGRAM SUPPLEMENT, and STATE' s approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project- specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six 6) months commencing after the funds are encumbered on either the project- specific PROGRAM SUPPLEMENT or through a project- specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations /obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six ( 6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY.

ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of;cancelled checks showing amounts made payable to vendors and contractors, and /or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans /Indirect Cost Rate Proposals ( ICAP /ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE ( Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs /ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP /ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de- obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E -76 or E -76 ( AMOD).

10. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E -76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E -76 / E -76 ( AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

13. ADMINISTERING AGENCY shall use its own non - federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds.

STATE shall make the determination of ADMINISTERING AGENCY' s cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE' s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE' s costs shall include overhead assessments in accordance with. section 8755. 1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program ( STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT, are available for liquidation for a period of six ( 6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget.

State funds encumbered for PROJECT are available for liquidation only for six ( 6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement ( CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance ( per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence ( per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty ( 30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

20. Every sub - recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code ( PCC) 10300 -10334 ( procurement of goods), PCC 10335 -10381 ( non -A &E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and /or may withhold approval of future ADMINISTERING AGENCY federal -aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE' s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three ( 3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY' s contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three ( 3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $ 750, 000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance ( CFDA) 20.205.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERING AGENCY shall not award a non -A &E contract over $ 5,000, construction contract over $ 10, 000, or other contracts over $25, 000 ( excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 d), ( e) and ( f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre -award requirements of third -party contractor / consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.

ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:

A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.

B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form -LLL, " Disclosure Form to Rep Lobbying," in accordance with the form instructions.

C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.

Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100,000 for each such failure.

2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub - agreements which exceed $ 100,000 and that all such sub - recipients shall certify and disclose accordingly.

ARTICLE VII - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.

2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.

4. Each project- specific E -76 or E -76 ( AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE' s discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two ( 2) year period because of ADMINISTERING AGENCY' s failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration ( FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.

9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.

10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE' s Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.

12. Neither the pending of a dispute' nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.

13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or pther theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project- specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and /or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered.

16. No termination shall become effective if, within thirty ( 30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty ( 30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty ( 30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty ( 30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and /or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project- specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project - specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.

18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers.

STATE OF CALIFORNIA
DEPARTMENT OF TRA. ISP WTION City of Los Gatos
p
By By 1p
Lau -rcl Prevetl' i
Chief, Office of Project Implementation V) 0-n ILiI
y
Division of Local Assistance City of Los Gatos
Representative Name & Title
Authorized Governing Body Representative)
Date ' r21 29 ", / Date Z ZyI t g
y i

EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code Section 1290 -0 et seq.), and the applicable regulations promulgated thereunder ( California Code of Regulations, Title 2, Section 7285. 0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900( a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY' S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

EXHIBIT B

NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U. S. C. 2000d -42 U. S. C. 2000d -4 ( hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, " Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" ( hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection

21. 7( a) ( 1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific. assurances with respect to its federal -aid Program:

1. That ADMINISTERING AGENCY agrees that each " program" and each " facility" as defined in subsections 21. 23 ( e) and 21. 23 ( b) of the REGULATIONS, will be ( with regard to a " program ") conducted, or will be ( with regard to a " facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and., in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and
Appendix D;
b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U. S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub - grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY' S DBE Implementation Agreement is incorporated by reference in this AGREEMENT.

Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and /or the Program Fraud Civil Remedies Act of 1985 ( 31 USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U. S.

Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub - applicants, transferees, successors in interest and other participants in the federal -aid Highway Program.

APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest ( hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, hereinafter referred to as the REGULATIONS!), which are herein incorporated by reference and made a part of this agreement.
2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub - applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21. 5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
3) Solicitations for Sub - agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to, be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY' s books, records; accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. 5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY' s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and /or b) cancellation, termination or suspension of the Agreement, in whole or in part.

6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs ( 1) through ( 6) in every sub - agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.

ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B TO EXHIBIT B

The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.

GRANTING CLAUSE)
NOW, THEREFORE, the U. S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 ( 78 Stat. 252; 42 U. S. C. 2000d to 2000d -4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U. S. Department of Transportation in, and to, said lands described in Exhibit " A" attached hereto and made a part hereof.

HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) ( and)'
2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and 3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the U. S. Department of Transportation shall have a right to re -enter said lands and facilities on said land, and the above - described land and facilities shall thereon revert to and vest in and become the absolute property of the U. S. Department of Transportation and its assigns as such interest existed prior to this deed.'
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7( a) of Exhibit B.

The grantee ( licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree ( in the case of deeds and leases add " as covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this ( deed, license, lease, permit, etc.) for a purpose for which a U. S.

Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the ( grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U. S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally- assisted programs of the Department of Transportation - Effectuation of ;Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

Include in licenses, leases, permits, etc.)'
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the, right to terminate the ( license, lease, permit etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said ( license, lease, permit, etc.) had never been made or issued.

Include in deeds)`
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re -enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.

Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 ( b) of Exhibit B.

The grantee ( licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree ( in the case of deeds, and leases add " as a covenant running with the land ") that:
1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
3) that the ( grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.

Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the, right to terminate the ( license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said ( license, lease, permit, etc.) had never been made or issued.

Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re -enter said land and facilities thereon, and the above - described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.

Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

PROGRAM SUPPLEMENT NO. F012
to

ADMINISTERING AGENCY - STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO 04- 5067F15
Adv Project ID Date: December 18, 2018
0419000135 Location: 04- SCL- 0 -LGTS
Project Number: CML- 5067( 021)
E. A. Number:

Locode: 5067
This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on L, rA// And is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2.015- 65( approved by the Administering Agency on August 18, 2o15 See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

PROJECT LOCATION:

In Los Gatos: The Los Gatos Creek Trail to the north and south sides of Highway 9 between the Highway 17 interchange and University Ave
TYPE OF WORK: Construct Bike and Pedestrian Connectors LENGTH: 0. 0( MILES) Estimated Cost Federal Funds Matching Funds
Z003 $ 343, 000. 00 LOCAL OTHER
387, 440. 00 $ 0. 00 $ 44, 440. 00

CITY OF LOS GATOS STATE OF CALIFORNIA
Department o Transpo tion
By
C / BY
Title Chief, Office of Project Implementation
Date ov7la5 f
as q
Division of Local Assistance
Attest : \ N f k4XD
1'-e- b Z G4/ 9 Date /
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Office Date y' I
r8 $ 343. 000. 00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT

STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION

PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF ( REV. 0112010)
Page _ of _
Claims Audits 12/ 2012018 0419000135
3301 " C" Street, Rm 404 REQUISITION NUMBER / CONTRACT NUMBER:

Sacramento, CA 95816 RQS # 041900000560
FROM
Department of Transportation
SUBJECT:

Encumbrance Document

VENDOR / LOCAL AGENCY

TOWN OF LOS GATOS
CONTRACT AMOUNT:
343, 000. 00
PROCUREMENT TYPE'.

Local Assistance
ADA Noti For individuals with sensory disabilities, this document is available in alternate formats. For information, call ( 915) 654 -6410 of TDD ( 916) - 3880 or write Records and Forms Management, 1120 N. Street, MS- 89, Sacramento, CA 95814.

04- SCL- O - LGTS
CML- 5067( 021)

SPECIAL COVENANTS OR REMARKS
12/ 18/ 2018

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase( s) with an " Authorization to Proceed" and will not proceed with future phase( s) of this project prior to receiving an " Authorization to Proceed" from the STATE for that phase( s) unless no further State or Federal funds are needed for those future phase( s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE - approved " Authorization to Proceed" and Finance Letter.

ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15. 7 " Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE' s approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations /obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period.

If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a " Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any FederalProgram Supplement 04- 5067F15 -F012- ISTEA Page 2 of 6

04- SCL- 0 -LGTS
CML- 5067(021)

SPECIAL COVENANTS OR REMARKS
12/ 18/ 2018
assisted contract or in the administration of its DBE Program Implementation Agreement.

The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal- assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U. S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 ( 31 U. S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department' s Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department' s Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.

These unexpended funds will be irrevocably reverted by the Department' s Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www. sam. gov.
2 A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures ( including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES ") relating to the federal -aid program, all Title 23 Code of Program Supplement 04- 5067F75 - F012- ISTEA Page 3 of 6

04- SCL- 0 -LGTS
C M L- 5067( 021)

SPECIAL COVENANTS OR REMARKS
12/ 18/ 2018
Federal Regulation ( CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project- specific PROGRAM SUPPLEMENT.

B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and /or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan /Indirect Cost Rate Proposals ( ICAP /ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE ( Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs /ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP /ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence ( per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration ( DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty 30) days of such invoice.

G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 04- 5067F15 -F012- ISTEA Page 4 of 6

04- SCL- 0 -LGTS
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SPECIAL COVENANTS OR REMARKS
12/ 18/ 2018
48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub - recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code ( PCC) 10300 -10334 ( procurement of goods), PCC 10335 -10381 non -A &E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY' S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three 3) years from the date of submission of the final expenditure report by the STATE to the F H WA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $ 750, 000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 04- 5067F15 -F012- ISTEA Page 5 of 6

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SPECIAL COVENANTS OR REMARKS
12/ 18/ 2018
ADMINISTERING AGENCY' s annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non -A &E contract over $ 5,000, construction contracts over $ 10, 000, or other contracts over $ 25, 000 [ excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 ( d), ( e) and ( f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.

Program Supplement 04- 5067F15 -F012- ISTEA Page 6 of 6

Headquarters Division of)
Local Assistance
Headquarters Division of
FEB
2 7 2919 Local Assistance
from Local Agency DEC
26 2018
from local Programs Accounting

RESOLUTION 2015 -051

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

AUTHORIZING THE TOWN MANAGER

TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL

AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND TRANSFER

AGREEMENTS AND AMENDMENTS WITH THE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
WHEREAS, the Town of Los Gatos (Town) is eligible to receive Federal and/ or State funding for certain Transportation projects, through the California Department of Transportation; and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and /or Fund Transfer Agreements need to he executed with the California Department of Transportation before such funds can be claimed; and WHEREAS, the Town wishes to delegate authorization for signing these agreements to the Town Manager;
NOW, THEREFORE BE IT RESOLVED that the Town Manager be authorized to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendment thereto with the California Department of Transportation.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 181h day of August, 2015, by the following vote:

COUNCIL MEMBERS:

AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS:

ABSENT:

ABSTAIN:

SIGNED:

CA

MAYOR OF TH TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
e ` fib

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ATTACHMENT 2

Resolution 2023 - June 6, 2023
ATTACHMENT 3
DRAFT RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

METROPOLITAN TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS

BICYCLE AND PEDESTRIAN PROJECTS
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the Town of Los Gatos desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the Town of Los Gatos declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that the Town of Los Gatos attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation

Resolution 2023 - June 6, 2023
ATTACHMENT 3
planning agency, or county association of governments, as the case may be, of the County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6
th day of June 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

Resolution 2023 - June 6, 2023
ATTACHMENT 3
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the Town of Los Gatos is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the Town of Los Gatos legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the Town of Los Gatos has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the Town of Los Gatos within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the Town of Los Gatos agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

Resolution 2023 - June 6, 2023
ATTACHMENT 3
Attachment B
TDA Article 3 Project Application Form

1. Agency Town of Los Gatos

2. Primary Contact Gary Heap

3. Mailing Address 41 Miles Avenue, Los Gatos CA 95030

4. Email Address [email protected] 5. Phone Number 408-399-5773

6. Secondary Contact
(in the event primary
is not available)
Nicolle Burnham

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone Number 408-399-5774

10. Send allocation
instructions to (if
different from above):

11. Project Title Los Gatos Creek Trail to Highway 9 Trailhead Connector Project

12. Amount requested 68,884 13. Fiscal Year of
Claim
2023/24

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No ☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No ☒
Construction of access to Los Gatos Creek Trail at Highway 9. Project includes walkway from intersection of University Avenue to trail, with new bridge over Los Gatos Creek on south side of Highway 9; and switchback walkway access to trail from Highway 9 on north side.

Funding will be used for construction phase services. Construction will be awarded to the apparent low bidder in August 2023. The requested finding will be used to fill a funding gap that was identified after bid opening. https://www.losgatosca.gov/2557/Los-Gatos-Creek-Trailhead-Connector-to-H

Resolution 2023 - June 6, 2023
ATTACHMENT 3

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐
If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐
If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No ☒
(If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐
Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐
Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): ___12/2024________ G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐
the claimant arranged for such maintenance by another agency? (If an agency other Project Phase TDA3 Other Funds Total Cost
Estimated Completion
(Month / Year)
Bike/ Ped Plan $0.00 NA NA 2020
ENV NA NA 2022
PA&ED NA NA 2021
PS&ED $0.00 $676,044.00 $676,044.00 1/17/2023

ROW NA NA
CON $68,884.00 $8,806,685.53 $8,875,569.53 12/2024
Total Cost $68,884.00 $9,482,729.53 $9,551,613.53

Resolution 2023 - June 6, 2023
ATTACHMENT 3
than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No ☒
If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

PREPARED BY: Gitta Ungvari
Finance Director
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023
ITEM NO: 13
DATE: May 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2023/24 Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 16, 2023; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations.
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
c. Approve FY 2022/23 Budget Adjustments:

1. Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 16, 2023 and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $140,000, ii. Educational Realignment Augmentation Fund (ERAF) Revenue Increase in the Amount of $818,891.60 and Reserve 30%
(689,607.60) of the Total Proceeds ($2,298,691.60) in an ERAF Risk Reserve,
iii. Transient Occupancy Tax Increase in the Amount of $348,547, iv. Interest Revenue Increase in the Amount of $237,074, v. Sales Tax Revenue Increase in the Amount of $121,878 ($124,851 Increase in Regular Sales Tax and $2,973 Decrease in Measure G Sales Tax),
vi. Business License Tax Revenue Decrease in the Amount of $133,890,
vii. Plan Check Pass Through Service Revenue Increase in the Amount of $125,000,

PAGE 2 OF 6
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2023
viii. Map Plan Check Pass Through Service Revenue Increase in the Amount of $120,000,
ix. OPEB Trust Withdrawal Revenue Decrease in the Amount of $902,579 as Current Year End Estimates FY 2022/23 Surplus, x. Recognize $140,195 General Fund Salary Reimbursement for Capital Improvement Staff Work,
xi. Recognize Additional Police Foundation Donation Received in the Amount of $50,195, and
xii. Recognize up to $20,000 General Fund Salary Reimbursement for Enterprise Resource Upgrade Project Staff Work.

2. Expenditure Increases:
i. In the Amount of $140,195 for General Fund Salary
Reimbursement for Capital Improvement Staff Work,
ii. In the Amount of $125,000 for Plan Checking Pass Though Services,
iii. In the Amount of $100,000 for Map Plan Checking Pass Though Services,
iv. In the Amount of $50,195 to Authorize the Spending the Additional Police Foundation Donation Received,
v. In the Amount of $32,000 to Cover Third Party Business License Administrator Services, and
vi. In the Amount of up to $20,000 General Fund Salary
Reimbursement for Enterprise Resource Upgrade Staff Work.

3. Approve American Rescue Plan Act (ARPA) Replacement Revenue Tracking Pass Through Revenue and Expenditures Budget
Adjustments in the Amount of $453,465.
d. Adopt the Following Salary Schedules:

1. Salary Schedule for Management Classifications Effective April 2, 2023,

2. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023,

3. Police Officer Association (POA) Salary Schedule Effective July 9, 2023,

4. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023,

5. Salary Schedule for Confidential Classifications Effective July 9, 2023,

6. Salary Schedule for Management Classifications Effective July 9, 2023, and

7. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023.

PAGE 3 OF 6
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2023
RECOMMENDATION:

Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2023/24 Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 16, 2023; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations. b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54. c. Approve FY 2022/23 Budget Adjustments:

1. Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 16, 2023; and as Determined from Updated Information i. Property Tax revenue Increase in the Amount of $140,000, ii. Educational Realignment Augmentation Fund (ERAF) Revenue Increase in the Amount of $818,891.60 and Reserve 30% (689,607.60) of the Total Proceeds ($2,298,691.60) in an ERAF Risk Reserve,
iii. Transient Occupancy Tax Increase in the Amount of $348,547, iv. Interest Revenue Increase in the Amount of $237,074, v. Sales Tax Revenue Increase in the Amount of $128,878 ($124,851 Increase in Regular Sales Tax and $2,973 Decrease in Measure G Sales Tax), vi. Business License Tax Revenue Decrease in the Amount of $133,890, vii. Plan Check Pass Through Service Revenue Increase in the Amount of $125,000,
viii. Map Plan Check Pass Through Service Revenue Increase in the Amount of $120,000,
ix. OPEB Trust Withdrawal Revenue Decrease in the Amount of $902,579 as Current Year End Estimates FY 2022/23 Surplus,
x. Recognize $140,195 General Fund Salary Reimbursement for Capital Improvement Staff Work,
xi. Recognize Additional Police Foundation Donation Received in the Amount of $50,195, and
xii. Recognize $20,000 General Fund Salary Reimbursement for Enterprise Resource Upgrade Project Staff Work.

2. Expenditure Increases:
i. In the Amount of $140,195 General Fund Salary Reimbursement for Capital Improvement Staff Work,
ii. In the Amount of $125,000 for Plan Checking Pass Though Services, iii. In the Amount of $100,000 for Map Plan Checking Pass Though Services, iv. In the Amount of 50,195 to Authorize the Spending the Additional Police Foundation Donation Received,
v. In the Amount of $32,000 to Cover Third Party Business License Administrator Services, and
vi. In the Amount of $20,000 General Fund Salary Reimbursement for Enterprise Resource Upgrade Staff Work.

PAGE 4 OF 6
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2023

3. Approve ARPA Replacement Revenue Tracking Pass Through Revenue and Expenditure Adjustments in the amount of $453,465.
d. Adopt the Following Salary Schedules:

1. Salary Schedule for Management Classifications Effective April 2, 2023,

2. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023,

3. Police Officer Association (POA) Salary Schedule Effective July 9, 2023,

4. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023,

5. Salary Schedule for Confidential Classification Effective July 9, 2023,

6. Salary Schedule for Management Classifications Effective July 9, 2023, and

7. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023.

BACKGROUND:

On April 17, 2023, the Proposed FY 2023/24 Operating and Capital Budgets were posted to the Town’s website. Per Measure A, the Finance Commission received the Proposed Budgets 21 business days before May 16, 2023, which is the first meeting at which the Proposed Budgets were considered by the Town Council. The Finance Commission held three public meetings at which Commissioners discussed the Proposed Budgets and provided recommendations to the Town Council per Measures A and G.

On May 16 2023, the Town Council conducted public hearings to discuss the proposed FY 2023/24 Operating and Capital Summary Budget and Proposed FY 2023/24– 2027/28 Capital Improvement Program. The Town Council considered public testimony, discussed both documents, considered the Finance Commission recommendations, and directed staff to bring back the documents for final approval incorporating the Council recommendations.

DISCUSSION:

The draft resolution (Attachment 1) incorporates the budget direction provided by the Council at the May 16, 2023 budget hearing including building in a 4.6% vacancy factor.

Attachment 2 contains the resolution to formally move General Fund balances based on the Town Council General Fund Reserve Policy and additional Council direction consistent with General Accounting Standards Board (GASB) 54.

In May, the Council directed that the proposed revenues reflect 100% of the projected Education Realignment General Fund (ERAF) revenue. This is built into the Resolution for the adoption of the budget (Attachment 1).

As requested by Town Council, at least three other jurisdictions in Santa Clara County with ERAF proceeds over $1 million have started to reserve the at-risk amount since FY 2021/22 (Milpitas

PAGE 5 OF 6
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2023
DISCUSSION (continued):
30%, Palo Alto 25%, and Santa Clara 30%). Mountain View and Sunnyvale are recognizing the ERAF revenue as a one-time revenue.

Based on this information, staff recommends establishing an ERAF Risk Reserve and reserve 30% of the anticipated proceeds in FY 2022/23 and FY 2023/24. Staff recommends continuing to reserve the at-risk amount until the lawsuit is resolved. If the result of the lawsuit in unfavorable to the Town, the County will reduce the Town Property Tax distribution by the atrisk amount; in this case, this reserve would provide the funding gap. If the lawsuit result is favorable to the Town, staff will come back to Council for direction on how to spend the accumulated reserve.

Upon Treasury’s release of the simplified reporting process for entities awarded less than $10 million in American Rescue Plan Act (ARPA) funding and additional guidance received through staff review of federal compliance issues, the Town recognized the $3.4M in FY 2021/22 and will recognize the $3.6M FY 2022/23 cash collections of ARPA revenues as qualified revenue loss under the Treasury provisions for use in providing essential government services. To further aid in compliance with federal uniform guidance and Single Audit requirements, staff claimed the lost revenue for use in providing essential government services and eligible public safety payroll costs for both FY 2021/22 and FY 2022/23. This action allocates all ARPA “replacement” revenues to the General Fund which in turn will unencumber other General Fund operating revenues which were previously dedicated for public safety costs.

Once the ARPA Revenues were fully recognized as loss revenue, it became part of General Fund and available for Council direction for any lawful government service. Staff is tracking the $7.2 million total revenue received against Council directed use through pass through revenues and expenditures (Attachment 3). Staff is recommending establishing a Council Priorities – Economic Recovery Reserve to track any unallocated amount of the $7.2 million.

In anticipation of the end of the 2022/23 fiscal year, the Council is being asked to make several revenue and expenditure budget adjustments. These adjustments recognize circumstances that have changed since the Mid-Year Review last February and assist with the annual audit.

As part of the Budget adoption process, the Town Council needs to adopt the salary schedules as separate actions (Attachment 4 through 10). As described in the Proposed Operating Budget, the schedules reflect an approved 3% cost of living increase in the Memoranda of Understanding with the bargaining units. All unrepresented staff would receive the same cost of living increase. In addition, unrepresented Management did not receive a 5% market increase last summer as did all other employees. The Proposed Budget includes a 3% market increase for Management classifications retroactive to April (Attachment 4).

PAGE 6 OF 6
SUBJECT: Operating and Capital Budgets
DATE: May 30, 2023
CONCLUSION:

Staff recommends approval of FY 2022/23 budget adjustments, establishment of ERAF Risk and Council Priorities – Economic Recovery Reserves, adoption of a Resolution approving the Town of Los Gatos Fiscal Year (FY) 2023 /24 Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program (CIP), approval of American Rescue Plan Act Budget Adjustments ARPA Loss Revenue and Expenditure Tracking Adjustments for FY 2022/23, adoption of a Resolution approving commitment of Fund Balances under GASB 54, and adoption of the Salary Schedules for Management effective April 2, 2023, and Salary Schedules for AFSCME, TEA, POA, Confidential, Management and Temporary/Hourly Classifications effective July 9, 2023.

COORDINATION:

The preparation of the budget documents involved the participation of all Town Departments.

FISCAL IMPACT:

The fiscal impact is presented in summary form in the Financial Summaries chapter of the Proposed Operating and Capital Budget for FY 2023/24.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Resolution of the Town Council Approving FY 2023/24 Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program (with Exhibit A)

2. Resolution of the Town Council of the Town of Los Gatos Approving Commitments of Fund Balance under GASB 54

3. ARPA Revenue Replacement Proceeds Tracking

4. Salary Schedule for Management Classifications Effective April 2, 2023

5. American Federation of State, County, and Municipal Employees (AFSCME) Salary Schedule Effective July 9, 2023

6. Police Officer Association (POA) Salary Schedule Effective July 9, 2023

7. Town Employees’ Association (TEA) Salary Schedule Effective July 9, 2023

8. Salary Schedule for Confidential Classification Effective July 9, 2023

9. Salary Schedule for Management Classifications Effective July 9, 2023

10. Salary Schedule for Temporary/Hourly Classifications Effective July 9, 2023

11. Public comments received before publishing the staff report

1 of 4
Resolution 2023- June 6, 2023
DRAFT RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE FISCAL YEAR (FY) 2023/24 OPERATING BUDGET AND FY 2023/24– 2027/28 CAPITAL BUDGET; NEW APPROPRIATIONS; OTHER ADJUSTMENTS; AMERICAN RESCUE PLAN ACT RECOGNITION; MINOR CORRECTIONS; AND

CARRY-FORWARD APPROPRIATIONS
WHEREAS, Section 2.30.295(b) of the Los Gatos Town Code requires the Town Manager to annually prepare and submit a budget to the Town Council and be responsible for its administration; and
WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Operating Budget for FY2023/24 on April 17, 2023; and WHEREAS, the Town Manager submitted to the Town Council and Finance Commission a Proposed Five-Year Capital Improvement Program for FY 2023/24 – 2027/28 on April 17, 2023; and
WHEREAS, the Town Council conducted a noticed public hearing on the Proposed Operating Budget and Capital Improvement Program on May 16, 2023; and WHEREAS, per Measure A, the Town Council has considered and reviewed the Finance Commission written recommendations to the Town Council on the said proposed Budget and Capital Improvement Program during the public hearing on May 16, 2023; and WHEREAS, per Measures G and A, the Town Council has considered and reviewed the Finance Commission written recommendations to the Town Council regarding the potential allocation of Measure G proceeds during its public hearing on May 17, 2022; and WHEREAS, the Town Council has continued the use of Measure G proceeds in the remainder of the forecast (FY 2023/24- FY 2027/28) to be 50% for operating expenditures and 50% for capital purposes; and
WHEREAS, the Town Council previously allocated residual Measure G proceeds for capital should pe programmed to the Shannon Road Repair Project; and ATTACHMENT 1

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Resolution 2023- June 6, 2023
WHEREAS, the Town Council has continued the use of Measure G proceeds in the remainder of the forecast (FY 2023/24- FY 2027/28) to be 50% for operating expenditures and 50% for capital purposes; and
WHEREAS, the Town Council previously allocated residual Measure G proceeds for capital should pe programmed to the Shannon Road Repair Project; and WHEREAS, the future year Measure G proceeds for capital should pe programmed to the State Route 17 Corridor Project; and
WHEREAS, the estimated FY 2023/24 Education Realignment Augmentation Fund (ERAF) revenue increased by $660,900 based on current estimates; and WHEREAS, the Town Council has determined that 30% of the ERAF proceeds should be reserved in an ERAF Risk Reserve, until the lawsuit between the State and School Districts regarding the ERAF calculation distribution is concluded; and WHEREAS, the estimated FY 2023/24 expenditures and pass through revenues and expenditures increased by $33,000 for additional money for the Chamber Agreement; and WHEREAS, the estimated FY 2023/24 expenditures increased by $11,000 for additional money for supporting project based Commissions; and WHEREAS,the Town Council has determined that the Town salary and expenditure will decrease by $1,618,107 by building in the 4.6 % salary saving factor; and WHEREAS, the Town Council has determined that the Town reimbursement of $1,608,226 from available Other Post-Employment Benefits(OPEB) 115 Trust assets for retiree pay-as-you go expenses in FY 2023/24 in not necessary if the build in 4.6 % salary saving factor materialize; and
WHEREAS, the Town Council has determined to recognize the remainder of American Rescue Plan Act (ARPA) proceeds for FY 2023/24 under loss revenue; and WHEREAS, the Town Council has determined that once the ARPA Revenues were fully recognized as loss revenue, it becomes the part of General Fund and available for Council direction for any lawful government service. Staff is tracking the $7.2 million total revenue received against Council directed use through pass through revenues and expenditures, and WHEREAS, the Town Council has determined that the remainder of the $7.2 million

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Resolution 2023- June 6, 2023
proceeds should be tracked in an Council Priorities – Economic Recovery Reserve; and WHEREAS, on June 6, 2023, Town Council considered and reviewed the proposed Budget and Capital Improvement Program making final determinations.

NOW, THEREFORE, BE IT RESOLVED: that the Town Council hereby adopts as the Operating Budget for the Town of Los Gatos for the 2023/24 fiscal year as depicted in Exhibit A entitled “Total Town Revenues and Expenditures by Fund” including the first year (FY 2023/24) of the Town’s Capital Improvement Program budget as contained in the Town’s FY 2023/24 – 2027/28 Capital Improvement Program.

BE IT FURTHER RESOLVED, that the final adopted Budget documents include minor corrections and approved appropriations for unspent prior year allocations, and that they be carried forward from prior years in a Reserve for Encumbrances whereby within each fund there is an amount sufficient to cover approved outstanding encumbrances as of June 30, 2022.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6
th day of June, 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE:

ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE:

TOTAL TOWN REVENUES AND EXPENDITURES BY FUND

EXHIBIT A
2023/24 Estimated 2023/24
Proposed Budget Recommended
Budget Revision Budget

REVENUES
General Fund $54,130,896 $ (914,326) (1) $ 53,216,570
Special Revenue Funds 542,380 - $ 542,380
Internal Service Funds 4,947,389 - $ 4,947,389
Capital Project Funds (does not include carryforwards) 8,547,920 - $ 8,547,920 Successor Agency Funds 3,811,664 - $ 3,811,664
TOTAL REVENUES $71,980,249 $ (914,326) $ 71,065,923

OTHER FUNDING SOURCES
Designated One-Time Use of General Fund Reserves 2,361,000 $ 33,000 2,394,000 (2) TOTAL TOWN REVENUES & OTHER FUNDING SOURCES $74,341,249 $ (881,326) $ 73,459,923

TOTAL TOWN EXPENDITURES, TRANSFERS OUT & CARRYFORWARD APPROPRIATION General Fund $56,101,896 $ (1,586,649) (3) $ 54,515,247 Special Revenue Funds 469,381 (9,794) (4) 459,587
Internal Service Funds 6,132,798 - 6,132,798
Capital Project Funds (does not include carryforwards) 10,658,747 - (5) 10,658,747 Successor Agency Funds 3,801,021 (87) (6) 3,800,934
TOTAL TOWN EXPENDITURE & OTHER FUNDING USES $77,163,843 $ (1,596,530) $ 75,567,313 GENERAL FUND SOURCE(USE) OF FUND BALANCES $ 390,000 $ 660,900 $ 1,095,323 OTHER FUNDS SOURCE(USE) OF FUND BALANCES (3,212,594) (3,202,713) (7) TOTAL SOURCE(USE) OF FUND BALANCES $ (2,822,594) $ 715,204 $ (2,107,390) Numbers may differ between exhibits due to rounding.
(4) Special Revenue Fund Expenditures
$9,794 - Decrease - 4.6% Salary Saving Factor
(1) Additional General Fund Revenues
$1,608,226 Decreases OPEB Trust Reimbursement for Retiree Medical $660,900 Increases Additional ERAF Proceeds to Reserve At Risk $33,000 - Increase ARPA Replacement Pass Through Revenue - Tracking (2) Designated One-Time Use of the General Fund Reserves during FY 2023/24 $1,615,000 - Transfer to Capital Projects (GFAR)
$779,000 - ARPA Revenue Replacement Tracking
(3) General Fund Expenditures
$1,663,649 - Decrease - 4.6% Salary Saving Factor
$11,000 - Increase Project Based Boards and Commissions Support $33,000 - Increase Chamber Agreement
$33,000 - Increase ARPA Replacement Pass Through Expenditure - Tracking (5) Capital Project Funds Expenditures
No Change in Total Expenditures, $35,000 transferred from the Lynn Avenue Pedestrian Path Design Project (411-832-4510) to Emergency Preparedness Project (411-821-2012) (7) Other Funds Source (Use) represents planned one-time uses of Internal Service Funds, Special Revenue Funds, Trust Funds, and Capital Project Funds primary for infrastructure and equipment investment.
(6) Successor Agency Funds Expenditures
$87 - Decrease - 4.6% Salary Saving Factor

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Resolution 2023- June 6, 2023
RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING COMMITMENTS OF FUND BALANCE UNDER GASB 54

WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood and to improve the comparability of governmental fund financial statements; and WHEREAS, GASB 54 provides that the Town Council of the Town of Los Gatos classify governmental fund balances as restricted, assigned, or committed fund balances; and WHEREAS GASB 54 provides that restricted reserves are funds that are restricted for externally imposed constraints such as legal contracts or state law, assigned amounts are constrained by the Town’s intent to use them for specific purposes, and committed amounts are dedicated for specific purposes under constraints and formal action taken by the Town Council and these committed amounts cannot be used for any other purposes unless the Town Council of the Town of Los Gatos removes or changes the specific use through the same formal action to establish the commitment; and
WHEREAS, there exists a Restricted General Fund Pension Reserve in the form of an IRS 115 Pension Trust; and
WHEREAS, there exists a balance of $1,380,00 as of June 30, 2023 in the restricted Pension Reserve; and
WHEREAS, the Town Council of the Town of Los Gatos has established a General Fund Reserve Policy providing for minimum fund balance dollar target amounts for Budget Stabilization and Catastrophic Reserve fund balances and outlines policies and procedures for use and restoration of these balances; and
WHEREAS, there exists an assigned General Fund Compensated Absences Reserve allocated to fund 50% of all vested hours of sick leave, compensation, and vacation time with the actual reserve amount to be determined at the close of FY 2022/23; and ATTACHMENT 2

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Resolution 2023- June 6, 2023
WHEREAS, there exists an assigned Capital/Special Projects Reserve to fund key infrastructure and capital/special projects as identified in the Town’s five-year Capital Improvement Plan, and/or other Council priorities; and
WHEREAS, there exists an assigned authorized Carry Forward Reserve for materials and services on approved purchase order and contracts which were issued but not finalized or fulfilled as of the end of the fiscal year but for which funds will be carried forward to the following fiscal year. Actual reserve balance will be established at the close of FY 2022/23; and WHEREAS, in June 2016, the Town Council established the committed Pension/OPEB Reserve to provide funding toward pension and Other Post-Employment Benefits (OPEB) unfunded obligations by placing discretionary amounts to the reserve with formal Council action and transferring available year-end surpluses based on the General Fund Reserve Policy; and WHEREAS, there is anticipate an excess balance of $300,000 as of June 30, 2023 in the assigned OPEB/Pension Reserve, that will confirmed at the close of FY 2022/23 and WHEREAS, on November 6, 2018, the Town Council provided direction to establish an unassigned Surplus Property Revenue General Fund Reserve that any monies received from the sale of the property located on Winchester Boulevard and any monies received from the sale of future surplus property be placed in this reserve, and the provisions for the reserve specifically indicate that Council may, at its discretion, distribute those funds as it deems appropriate; and WHEREAS, The Town Council established the assigned Sustainability Reserve in FY 2008/09 by closing the Solid Waste Management fund and placing the initial residual balance dedicated for conservation, recycling, and sustainability; and WHEREAS, there exists an excess balance of $140,553 as of June 30, 2023 in the assigned Sustainability Reserve; and
WHEREAS, there exists an assigned Market Fluctuation Reserve that represent fund balance amounts for unrealized investment gains that have been recorded as investment income in the financial statements in accordance with the requirements of GASB 31 in the amount of $0, actual reserve balance will be established at the close of FY 2022/23; and WHEREAS, there exists an assigned Measure G 2018 District Sales Tax Reserve to track receipt and use of the 1/8 cent district tax funds collected by the Town; and

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WHEREAS, the Town Council has determined the use of Measure G accumulated and future proceeds to be 50% for operating expenditures and 50% for capital purposes; and WHEREAS, the residual balance of $590,581 that was set aside for operating purposes in FY 2020/21 and/or FY 2021/22 should be used for operating expenses in FY 2023/24; and
WHEREAS, the assigned Measure G Residual – Operating Reserve should be reclassified as committed Reserve; and
WHEREAS, with the adoption of the Fiscal Year 2023/24 Budget, an assigned Council Priorities – Economic Recovery Reserve has been established to track General Fund revenues freed up from recognizing all ARPA “replacement” revenues to the General Fund for essential government services, for economic recovery and business support, enhanced senior services, capital program augmentations, and other one-time uses; and WHEREAS, the assigned Council Priorities – Economic Recovery Reserve has an estimated balance of $1,645,281 at June 30, 2023, with the actual reserve balance being determined at the close of FY 2022/23; and
WHEREAS, with the adoption of the Fiscal Year 2023/24 Budget, an assigned Education Realignment Augmentation Fund (ERAF) Risk Reserve has been established, reserving the 30% of the anticipated ERAF proceeds from FY 2022/23 until a lawsuit between the State and the School Districts concludes; and
WHEREAS, an excess balance of $689,608 exists as of June 30, 2023 in the assigned ERAF Risk Reserve, with the actual amount will be determined at the close of FY 2022/23; and WHEREAS, the $1,615,000 transfer from the Capital/Special Project Reserve to the General Fund Appropriated Reserve provides funding to the five-year capital plan; and WHEREAS, the Town Council established the assigned Open Space reserve in the FY 1998/99 to be used for the preservation of open space, connection of open space trails, the definition of the southern boundary of the Town with passive open space, and protection of unique natural features; and
WHEREAS, there exists an excess balance of $410,000 as of June 30, 2023 in the assigned Open Space Reserve; and

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Resolution 2023- June 6, 2023

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE that the following estimated Pension, Budget Stabilization, Catastrophic, Pension/OPEB, Capital/Special Projects, Compensated Absences; Measure G District Sales Tax, Surplus Property Revenue, Market Fluctuations, Sustainability, Open Space, and ARPA Reserves as of June 30, 2023 and as of June 30, 2024 as restricted, assigned, unassigned or formally committed as follows:

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6th day of June 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
Actual
General Fund
Reserves
June 30, 2022
FY 2022/23
Budget, GF
Reserve Policy,
and this
Resolution
Approved
Increase
FY 2022/23
Budget, GF
Reserve
Policy, and
this
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2023
FY 2023/24
Budget
Resolution
Approved
Increase
FY 2023/24
Budget
Resolution
Approved
(Decrease)
Estimated
General Fund
Reserves
June 30, 2024
Restricted Fund Balances
Pension $ 690,000 $ 690,000 $ - $ 1,380,000 $ 390,000 $ - $ 1,770,000 Committed Fund Balances -
Budget Stabilization 5,991,566 $ 138,208 - 6,129,774 - - 6,129,774 Catastrophic 5,991,566 138,209 - 6,129,775 - - 6,129,775 Pension/OPEB 300,000 300,000 (300,000) 300,000 - - 300,000 Measure G District Sale Tax - Operating 590,581 590,581 - - 590,581 Assigned Fund Balances - -
Capital/Special Projects 11,071,231 1,220,811 (4,271,698) 8,020,344 88,423 (1,615,000) 6,405,344 Compensated Absences 1,519,147 - - 1,519,147 - 1,519,147 Open Space 410,000 - - 410,000 - - 410,000
Sustainability 140,553 - - 140,553 - - 140,553
Market Fluctuations - - - - - - -
Measure G District Sale Tax - Operating 590,581 - (590,581) - - - - Carryover Encumbrances 33,145 - - 33,145 - - 33,145
Council Priorities - Economic Recovery - - 1,645,281 1,645,281 - (779,000) 866,281 ERAF Risk Reserve - 689,608 - 689,608 660,900 - 1,350,508 Rehab Loan Reserve (Nonspendable) 159,000 - - 159,000 - - 159,000

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Resolution 2023- June 6, 2023
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

ATTACHMENT 3
General Fund Council Priorities – Economic Recovery Tracking (American Rescue Plan Act (ARPA) Grant Proceeds Fully Recognized as Lost Revenue for use in Providing Public Safety Services, this Action enabled General Fund Operating Revenues which were Previously Dedicated for Public Safety Costs) FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
Actuals Actuals Estimated Proposed
General Fund ARPA Replacement Revenues $ 7,229,744
Less Council Approved Uses
Parklets (Downtown Economic Recovery Efforts) $ 930,000 $ 466,428 $ 463,572 Rent Waivers 746,463 121,255 341,452 283,756
CUP/ADA Fee Waivers 75,000 19,656 27,672 7,018
Destination Marketing 55,000 55,000 -
K-Rails (Downtown Economic Recovery Efforts) 68,000 88,654 - Promenades 200,000 69,855 130,145
Direct Grants 110,000 60,000 50,000 -
Enhanced Senior Services 500,000 249,597 250,403
Capital Improvement Program Support Transfers 2,900,000 2,900,000 One-Time Community Grant (Council Action 2-21-2023) 150,000 $ 150,000 One-Time to LGS REC 55+ Program (Council Action 2-21-2023) 225,000 225,000 One-Time to KCAT Producers (Council Action 2-21-2023) 100,000 100,000 One-Time Unhoused Residents Efforts (Council Action 2-21-2023) 25,000 25,000 One-Time Rent Forgiveness LGS REC (Council Action 3-21-2023) 200,000 200,000 One-Time Rent Forgiveness NUMU (Council Action 3-21-2023) 21,000 21,000 One-Time Unhoused Residents Efforts (Council Action 4-4-2023) 25,000 25,000 One-Time - Additional Chambers of Commerce (Council Action 5-2-2023) 33,000 33,000 Total $ 6,363,463 $ 200,911 $ 1,348,659 $ 4,034,894 $ 779,000 Available Funding After Council Recent Actions $ 866,281

Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2022/23
Effective April 2, 2023
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
2615 Assistant Parks & Public Works Director/Town Engineer $     150,422 $    203,069 2110 Assistant Town Manager $     178,804 $    241,386
2420 Chief Building Official $     136,276 $    183,972 2400 Community Development Director $     174,438 $    235,492 2180 Community Outreach Coordinator $       94,093 $    127,026 2130 Economic Vitality Manager $     129,708 $    175,105 2315 Finance and Accounting Manager $     136,276 $    183,972 2310 Finance and Budget Manager $     136,276 $    183,972 2300 Finance Director $     170,189 $    229,755
2200 Human Resources Director $     158,037 $    213,350 2900 Information Technology Manager $     136,276 $    183,972 2800 Library Director $     158,037 $    213,350
2820 Library Division Manager $     103,861 $    140,212 2600 Parks & Public Works Director $     174,438 $    235,492 2645 Parks & Public Works Operations Manager $     117,510 $    158,638 2630 Parks & Public Works Superintendent $     136,276 $    183,972 2412 Planning Manager $     136,276 $    183,972
2510 Police Captain   $     161,988 $    218,683
2500 Police Chief $     183,274 $    247,419
2545 Police Records & Communication Manager $     126,544 $    170,835 2140 Senior Administrative Analyst $     101,328 $    136,792 2650 Senior Civil Engineer $     129,708 $    175,105
2000
Town Attorney ‐ Council Appointed (Effective 11/15/22,
Adopted by Town Council 12/6/22)     253,649$
2190 Town Clerk $     136,276 $    183,972
2100
Town Manager ‐ Council Appointed (Effective 9/02/22, Adopted by Town Council 12/6/22)     275,783$
2655 Transportation & Mobility Manager $     126,544 $    170,835 2905 Urban Forest Manager $     117,510 $    158,638
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
Management salaries reflect a spread of 35% to the top of the range.

Reflects a General Increase of 3%
$570 Stipend per month,
for a total compensation of
$6,840 per year
Management 3% Page 1 of 1 ATTACHMENT 4

Town of Los Gatos AFSCME Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title FLSA Range AF1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 6619 Assistant Equipment Mechanic Non-Exempt 09 $34.37 $36.09 $37.89 $39.78 $41.77 $43.86 6620 Equipment Mechanic Non-Exempt 03 $39.53 $41.51 $43.59 $45.77 $48.06 $50.46 6618 Supervising Equipment Mechanic Non-Exempt 08 $45.46 $47.73 $50.12 $52.63 $55.26 $58.02 6670 Facility Technician Non-Exempt 02 $36.78 $38.62 $40.55 $42.58 $44.71 $46.95 6600 Lead Parks & Maintenance Worker Non-Exempt 07 $41.97 $44.07 $46.27 $48.58 $51.01 $53.56 6650 Parks & Maintenance Worker Non-Exempt 05 $33.77 $35.46 $37.23 $39.09 $41.04 $43.09 6660 Parks & Maintenance Worker Trainee Non-Exempt 04 $27.58 $28.96 $30.41 $31.93 $33.53 $35.21 6605 Senior Parks & Maintenance Worker Non-Exempt 06 $36.75 $38.59 $40.52 $42.55 $44.68 $46.91 6610 Town Arborist Non-Exempt 03 $40.09 $42.09 $44.19 $46.40 $48.72 $51.16 Reflects General Increase of 3%.

AFSCME 3% Page 1 of 1 ATTACHMENT 5

Class Code Classification Title Range Step Hourly Rate
2520 Police Sergeant (Prior) 04-0721 1 $71.71
Appointment before 03/01/2015 2 $75.30
3 $79.07
4 $83.02
5 $87.17
Class Code Classification Title Range Step Hourly Rate
2521 Police Sergeant (New) 05-0721 1 $71.71
Appointment after 03/01/2015 2 $75.30
3 $79.07
4 $83.02
Class Code Classification Title Range Step Hourly Rate
7500 Police Corporal 03-0715 1 $59.75
2 $62.74
3 $65.88
4 $69.17
5 $72.63
Class Code Classification Title Range Step Hourly Rate
7510 Police Officer 02-0711 1 $56.92
2 $59.77
3 $62.76
4 $65.90
5 $69.20
Class Code Classification Title Range Step Hourly Rate
9519 Police Trainee * 01-0710 1 $54.07
* 95% of Step 1 of Police Officer Classification (Provisional Employee with Misc PERS) Reflects General Increase of 3%.

Town of Los Gatos POA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
POA 3% 1 ATTACHMENT 6

Town of Los Gatos TEA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4310 Account Technician Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.063580 Administrative Assistant Hourly 04 $31.80 $33.39 $35.06 $36.81 $38.65 $41.164620 Assistant Engineer Hourly 25 $50.59 $53.12 $55.78 $58.57 $61.50 $65.164420 Assistant Planner Hourly 12 $43.99 $46.19 $48.50 $50.93 $53.48 $56.734600 Associate Civil Engineer Hourly 27 $57.56 $60.44 $63.46 $66.63 $69.96 $74.044661 Associate Engineering Technician Hourly 14 $44.31 $46.53 $48.86 $51.30 $53.87 $57.144400 Associate Planner Hourly 20 $51.19 $53.75 $56.44 $59.26 $62.22 $65.914410 Building Inspector Hourly 24 $49.25 $51.71 $54.30 $57.02 $59.87 $63.444430 Code Compliance Officer Hourly 10 $44.04 $46.24 $48.55 $50.98 $53.53 $56.794530 Communication Dispatcher Hourly 17 $46.67 $49.00 $51.45 $54.02 $56.72 $60.144535 Communication Dispatcher Lead Hourly 19 $58.96 $61.91 $65.01 $68.26 $71.67 $75.834540 Community Services Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384615 Construction Project Manager Hourly 26 $55.22 $57.98 $60.88 $63.92 $67.12 $71.064660 Engineering Technician Hourly 13 $40.22 $42.23 $44.34 $46.56 $48.89 $51.914705 Environmental Programs Specialist Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064200 Events and Marketing Specialist Hourly 06 $33.51 $35.19 $36.95 $38.80 $40.74 $43.363501 Executive Assistant Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064900 IT Systems Administrator Hourly 23 $54.84 $57.58 $60.46 $63.48 $66.65 $70.564915 IT Technician Hourly 07 $41.11 $43.17 $45.33 $47.60 $49.98 $53.064810 Librarian I Hourly 16 $42.03 $44.13 $46.34 $48.66 $51.09 $54.224808 Librarian II Hourly 18 $45.80 $48.09 $50.49 $53.01 $55.66 $59.024830 Library Assistant Hourly 03 $31.03 $32.58 $34.21 $35.92 $37.72 $40.194807 Library Customer Service Specialist Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.694805 Library Customer Service Supervisor Hourly 08 $37.99 $39.89 $41.88 $43.97 $46.17 $49.064825 Library Specialist Hourly 06 $33.51 $35.19 $36.95 $38.80 $40.74 $43.364819 Library Tech Specialist Hourly 15 $40.74 $42.78 $44.92 $47.17 $49.53 $52.593181 Office Assistant Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.694640 Park Services Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384560 Parking Control Officer Hourly 01 $29.08 $30.53 $32.06 $33.66 $35.34 $37.69 Reflects a general increase of 3% Page 1 of 2
ATTACHMENT 7

Town of Los Gatos TEA Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class Code Classification Title Rate Type Range TE1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 4440 Permit Technician Hourly 09 $36.60 $38.43 $40.35 $42.37 $44.49 $47.294425 Planning Technician Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384550 Police Records Specialist Hourly 05 $32.55 $34.18 $35.89 $37.68 $39.56 $42.124555 Police Records Specialist Lead* Hourly 31 $40.22 $42.23 $44.34 $46.56 $48.89 $51.914630 Public Works Inspector Hourly 18 $45.80 $48.09 $50.49 $53.01 $55.66 $59.024450 Senior Building Inspector Hourly 27 $57.56 $60.44 $63.46 $66.63 $69.96 $74.044525 Senior Communication Dispatcher Hourly 29 $52.28 $54.89 $57.63 $60.51 $63.54 $67.304831 Senior Library Page Hourly 02 $20.45 $21.47 $22.54 $23.67 $24.85 $26.674565 Senior Parking Control Officer Hourly 11 $37.45 $39.32 $41.29 $43.35 $45.52 $48.384405 Senior Planner Hourly 28 $58.96 $61.91 $65.01 $68.26 $71.67 $75.834552 Senior Police Records Specialist* Hourly 30 $36.60 $38.43 $40.35 $42.37 $44.49 $47.294610 Senior Public Works Inspector Hourly 26 $55.22 $57.98 $60.88 $63.92 $67.12 $71.064662 Sr. Engineering Technician Hourly 24 $49.25 $51.71 $54.30 $57.02 $59.87 $63.44 Reflects a general increase of 3% Page 2 of 2 Page 259
Town of Los Gatos Confidential Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range CF1 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 3300 Accountant/Finance Analyst Hourly 07 $48.55 $50.98 $53.53 $56.21 $59.02 $62.553000 Administrative Analyst Hourly 07 $48.55 $50.98 $53.53 $56.21 $59.02 $62.553518 Administrative Assistant Hourly 09 $33.38 $35.05 $36.80 $38.64 $40.57 $43.183115 Administrative Technician Hourly 04 $41.87 $43.96 $46.16 $48.47 $50.89 $54.013190 Deputy Clerk Hourly 08 $39.85 $41.84 $43.93 $46.13 $48.44 $51.443500 Executive Assistant to Chief of Police Hourly 03 $39.85 $41.84 $43.93 $46.13 $48.44 $51.443100 Executive Assistant to Town Manager Hourly 05 $41.87 $43.96 $46.16 $48.47 $50.89 $54.013015 Human Resources Technician Hourly 02 $37.93 $39.83 $41.82 $43.91 $46.11 $49.003200 Legal Administrative Assistant Hourly 02 $37.93 $39.83 $41.82 $43.91 $46.11 $49.003180 Office Assistant Hourly 01 $30.54 $32.07 $33.67 $35.35 $37.12 $39.563301 Payroll Technician Hourly 06 $41.87 $43.96 $46.16 $48.47 $50.89 $54.01 Reflects General Increase of 3% and includes 5% Confidential Premium Confidential 3% Page 1 of 1 ATTACHMENT 8 Page 260
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title
Annual
Salary
Minimum
Annual
Salary
Maximum
2615 Assistant Parks & Public Works Director/Town Engineer $     154,934 $    209,162 2110 Assistant Town Manager $     184,168 $    248,627
2420 Chief Building Official $     140,364 $    189,491 2400 Community Development Director $     179,672 $    242,557 2180 Community Outreach Coordinator $       96,916 $    130,837 2130 Economic Vitality Manager $     133,599 $    180,359 2315 Finance and Accounting Manager $     140,364 $    189,491 2310 Finance and Budget Manager $     140,364 $    189,491 2300 Finance Director $     175,294 $    236,647
2200 Human Resources Director $     162,778 $    219,750 2900 Information Technology Manager $     140,364 $    189,491 2800 Library Director $     162,778 $    219,750
2820 Library Division Manager $     106,977 $    144,419 2600 Parks & Public Works Director $     179,672 $    242,557 2645 Parks & Public Works Operations Manager $     121,035 $    163,397 2630 Parks & Public Works Superintendent $     140,364 $    189,491 2412 Planning Manager $     140,364 $    189,491
2510 Police Captain   $     166,847 $    225,244
2500 Police Chief $     188,772 $    254,842
2545 Police Records & Communication Manager $     130,340 $    175,960 2140 Senior Administrative Analyst $     104,367 $    140,896 2650 Senior Civil Engineer $     133,599 $    180,359
2000
Town Attorney ‐ Council Appointed (Effective 11/15/22,
Adopted by Town Council 12/06/22)     253,649$
2190 Town Clerk $     140,364 $    189,491
2100
Town Manager ‐ Council Appointed (Effective 9/02/22, Adopted by Town Council 12/6/22)     275,783$
2655 Transportation & Mobility Manager $     130,340 $    175,960 2905 Urban Forest Manager $     121,035 $    163,397
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
Management salaries reflect a spread of 35% to the top of the range.

Reflects a General Increase of 3%
$570 Stipend per month,
for a total compensation of
$6,840 per year
Management 3% Page 1 of 1 ATTACHMENT 9

Town of Los Gatos Temporary Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9305 Account Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9310 Account Technician Temp/Hourly Hourly TE2-10 $33.10 $34.76 $36.50 $38.33 $40.25 $42.26 9300 Accountant Temp/Hourly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9010 Admin Analyst Temp/Hourly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9100 Admin Specialist Temp/Hourly Hourly TE2-10 $33.10 $34.76 $36.50 $38.33 $40.25 $42.26 9580 Administrative Assistant Temp/Hourly Hourly TE2-05 $30.10 $31.61 $33.19 $34.85 $36.59 $38.42 9105 Administrative Secretary Temp/Hourly Hourly TE2-09 $31.62 $33.20 $34.86 $36.60 $38.43 $40.35 9656 Assistant Engineer Temp/Hourly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9655 Associate Civil Engineer Temp/Hourly Hourly TE2-24 $52.17 $54.78 $57.52 $60.40 $63.42 $66.59 9400 Associate Planner Temp/Hourly Hourly TE2-22 $45.13 $47.39 $49.76 $52.25 $54.86 $57.60 9410 Building Inspector Temp/Hrly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9112 Clerical Aide Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9430 Code Compliance Officer Temp/Hourly Hourly TE2-16 $38.95 $40.90 $42.95 $45.10 $47.36 $49.73 9530 Communication Dispatcher Temp/Hourly Hourly TE2-19 9545 Crime Analyst Temp/Hourly Hourly TE2-18 $40.47 $42.49 $44.61 $46.84 $49.18 $51.64 9540 CSO Intern Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9532 CSO Temp/Hrly Hourly TE2-12 $35.46 $37.23 $39.09 $41.04 $43.09 $45.24 9190 Deputy Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9660 Engineering Technician Temp/Hourly Hourly TE2-13 $36.37 $38.19 $40.10 $42.11 $44.22 $46.43 9621 Equipment Mechanic Temp Hourly AF2-01 $36.75 $38.59 $40.52 $42.55 $44.68 $46.91 9720 Facility Attendant Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9109 Human Resources Specialist Temp/Hourly Hourly TE2-09 $31.62 $33.20 $34.86 $36.60 $38.43 $40.35 9041 Intern I Temp/Hourly Hourly TE2-02 $19.36 $20.33 $21.35 $22.42 $23.54 $24.72 9040 Intern II Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9200 IT Technician Temp/Hrly Hourly TE2-14 $36.43 $38.25 $40.16 $42.17 $44.28 $46.49 9605 Lead Parks & Maint Worker Hourly AF2-06 $38.49 $40.41 $42.43 $44.55 $46.78 $49.12 9015 Legal Assistant Temp/Hrly Hourly TE2-17 $39.98 $41.98 $44.08 $46.28 $48.59 $51.02 9810 Librarian Temp/Hourly Hourly TE2-15 $38.56 $40.49 $42.51 $44.64 $46.87 $49.21 9820 Library Assistant Temp/Hourly Hourly TE2-06 $29.40 $30.87 $32.41 $34.03 $35.73 $37.52

ATTACHMENT 10

Town of Los Gatos Temporary Classifications
Salary Schedule for Fiscal Year 2023/24
Effective July 9, 2023
Class
Code Classification Title Rate Type Range STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9840 Library Clerk Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9850 Library Page Temp/Hourly Hourly TE2-01 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 9830 Library Teen Services Specialist Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9600 Maintenance Assistant Hourly AF2-02 $18.50 $19.43 $20.40 $21.42 $22.49 $23.61 9900 Network Administrator Hourly TE2-21 $43.15 $45.31 $47.58 $49.96 $52.46 $55.08 9180 Office Assistant Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9645 Park Service Officer Aide Temp/Hourly Hourly TE2-03 $24.74 $25.98 $27.28 $28.64 $30.07 $31.57 9640 Park Service Officer Temp/Hourly Hourly TE2-12 $35.46 $37.23 $39.09 $41.04 $43.09 $45.24 9560 Parking Control Officer Temp/Hourly Hourly TE2-04 $27.55 $28.93 $30.38 $31.90 $33.50 $35.18 9620 Parks & Main Worker Temp Hourly AF2-04 $30.96 $32.51 $34.14 $35.85 $37.64 $39.52 9630 Parks & Main Worker Trainee Temp Hourly AF2-03 $25.31 $26.58 $27.91 $29.31 $30.78 $32.32 9440 Permit Technician Hourly TE2-11 $34.11 $35.82 $37.61 $39.49 $41.46 $43.53 9590 Police Officer Reserve (Top Step of Officer) Hourly TE2-25 9520 Police Officer Temp/Hourly Hourly TE2-25
9550 Police Records Specialist Temp/Hourly Hourly TE2-08 $30.84 $32.38 $34.00 $35.70 $37.49 $39.36 9000 Project Manager Hourly Mgmt
9650 Public Works Inspector Temp/Hourly Hourly TE2-20 $42.82 $44.96 $47.21 $49.57 $52.05 $54.65 9670 Senior Electrician Temp/Hourly Hourly TE2-23 $45.31 $47.58 $49.96 $52.46 $55.08 $57.83 9831 Senior Library Page Hourly TE2-02 $19.36 $20.33 $21.35 $22.42 $23.54 $24.72 9725 Special Event Attendant Hourly TE2-07 $18.50 $19.43 $20.40 $21.42 $22.49 $23.61 9610 Ticket Booth Attendant Hourly AF2-05 $16.69 $17.52 $18.40 $19.32 $20.29 $21.30 Reflects General Increase of 3%
up to $119.03

PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023
ITEM NO: 14
DATE: May 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation
RECOMMENDATION:

Provide direction on terms and authorize the Town Manager to execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation.

BACKGROUND:

Los Gatos-Saratoga Community Education and Recreation (“LGSR”), a joint powers agency of the Los Gatos Union School District, Saratoga Union School District, and Los Gatos-Saratoga Union High School District, was established in 1956 to ensure the effective and efficient provision of community education and recreation services to the residents of Los Gatos, Saratoga, Monte Sereno, and Santa Cruz Mountains communities.

In 2009, the Town entered into a lease agreement for 208 East Main Street with LGSR. The parties agreed that LGSR would provide programming for Town senior residents (age 55 years and older) in exchange for rent payments that were below market rate. LGSR has been generally providing those services ever since.

In 2014, the Town and LGSR entered into an agreement for recreation-based programming in certain Town Parks. The initial agreement was extended through May 31, 2020 (Attachment 1).

In accordance with Council action taken on April 21, 2020 (item #12) regarding relief during the pandemic, use charges were waived during 2020, 2021, and the first six months of 2022. A use agreement renewal was not executed during that period.

PAGE 2 OF 4
SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION:

The proposed Use Agreement (Attachment 2) provides LGSR the use of certain facilities at Blossom Hill Park, Creekside Park, La Rinconada Park, and Oak Meadow Park (collectively, the “Premises”).

The main terms of the proposed agreement upon which both parties agree are as follows:

1. Length of Agreement: The term of the agreement is one year with nine additional oneyear periods. Either party may terminate the agreement by providing written notice on or before February 1 of the calendar year.

2. Schedule of Use: LGSR shall provide a schedule for fall programming by June 30th of each calendar year for Fall session, by September 30th of Winter and Spring sessions, and February 28th for the Summer session. A sample of schedule for Summer 2023 is show in Attachment 3.

3. Annual Use Fee Adjustment: On each anniversary of the agreement (starting July 1, 2024), the Annual User Fee will be adjusted according to the percent change in the U. S.

Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index.

4. Clean-Up: LGSR shall be responsible for general site clean-up including pick up and disposal of trash that may result from the approved use of the Premises.

5. Adherence to the Town Code and Rules: LGSR shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. LGSR shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section

19.10.025(17) of the Town Code, including those rules set forth in Town of Los Gatos Park Rules and Regulations.

REQUESTED DIRECTION
There are two agreement terms for which staff is seeking direction from Town Council. These are as follows and alternative language for each item is presented in the draft agreement in Attachment 2.

PAGE 3 OF 4
SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION (continued):

Annual Use Fee
Staff has established a use fee of $15,500 for the contract base year. This cost would provide for up to 4,607 hours of park use by LGSR for their programming. Los Gatos has a Use Fee for sport fields of $95 per day for the first day of use plus $55 per day after that, which is well below the current rates charged by neighboring communities.

Table 1 provides the use fee per hour for groups with which the Town has Park Use Agreements.

Table 1. Park Use Fees by User Group
User Name Annual Use
Fee ($)
Annual Total
Use Hours
Annual Fee Per
Hour ($/Hour)
Los Gatos United Soccer 21,590 1,865 11.58
Red Hawks Lacrosse 5,850 253 23.12
Los Gatos Little League 6,600 1,216 5.43
Los Gatos Saratoga Recreation 15,500 4,607 3.36
LGSR has discussed with staff the idea that there be no charge for senior programming provided in the Town Parks covered in this agreement. LGSR provides 671 hours of pickleball programming at the present time. While this is not specifically a senior program, many of the participants in this program are over 55, which is the assumed age that senior programming would target. Using the $3.36 per hour use fee noted above, free pickleball programming would result in a net reduction in the Use Fee of $2,254.56. The annual fee for 2023/24 would then be $13,245.22, or $2.88 per use hour.

Per the terms of the proposed agreement, the addition of future senior programming would not result in an increase in charges; however, the use would need to be provided to Town staff in the annual schedule. Staff would need to balance the community interest and public use of the park amenities with the additional programming requests made by LGSR, which is typical of all use agreements.

Facility Maintenance Fee
Past Use Agreements with LGSR have included a Facility Maintenance fee of $2.00 per participant per session. With the renewal of agreements with Los Gatos Little League, Red Hawks Lacrosse, and Los Gatos United Soccer, a $4.00 per participant per season Facility Maintenance Fee was included in the contract, and staff is suggesting the same for LGSR. Table 2 shows projected Facility Maintenance Fees for groups with which the Town has Use Agreements.

PAGE 4 OF 4
SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION (continued):

Table 2. Project Facility Maintenance Fee by User Group User Name
Facility Maintenance
Fee (Per Attendee
per Season or
Session)
Approximate
Number of Annual
Users
Projected Facility
Maintenance Fee to
be Paid Annually ($)
Los Gatos United Soccer $4.00 350 $1,400
Red Hawks Lacrosse (the Club) $4.00 125 $500
Los Gatos Little League $4.00 200 $800
Los Gatos Saratoga Recreation $4.00 4,300 $17,200
LGSR has asked that their Facility Maintenance Fee be retained at $2.00 per participant and staff is seeking Town Council direction on this topic.

CONCLUSION:

Staff is asking that the Town Council provide direction on the Use Agreement between the Town of Los Gatos and Los Gatos-Saratoga Community Education and Recreation, specifically with regard to the Use Fee and Facility Maintenance Fees.

FISCAL IMPACT:

Approval of the Use Agreement with LGSR would result in annual revenue of $15,500 (or $13,245.22 if pickleball hours are provided at no charge to LGSR) beginning July 1, 2023. Each future year of the agreement the fee would increase as defined in the Agreement Terms.

Additional revenue will be derived from the Facility Maintenance Fee, which will be paid to the Town on a semi-annual basis. The amount of revenue will depend on Council’s direction on this issue.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a project defined under CEQA, and no further action is required.

Attachments:

1. Prior Use Agreement

2. Proposed Use Agreement between Town of Los Gatos and Los Gatos-Saratoga Community Education and Recreation

I

FIRST AMENDMENT
TO

USE AGREEMENT

RECREATION
This FIRST AMENDMENT to USE AGREEMENT is entered into this 31' day ofOctober 2017, by and between the TOWN OF LOS GATOS, State of California (' ° Town "), and LOS GATOS- SARATOGA RECREATION ( " LGSR ").

RECITALS
A- Town and LGSR entered into a Use Agreement on June 25, 2014 to provide fee -based public recreation, supplemental education and child care programs for Los Gatos, Monte Serene, Saratoga and the Santa Cruz Mountain communities, a copy of which is attached hereto and incorporated by reference as Attachment I to this Amendment.

B. Town and LGSR mutually desire to extend the term ofthe existing Use Agreement through May 31, 2020.

FIRST AMENDMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

The teen of this Agreement shall be extended for one additional three -year term as outlined in section 3 of the Use Agreement from June 1, 2017 through May 31, 2020.

2. All other Terms and Conditions of the Use Agreement dated June 25, 2014 remain in full force.

IN WITNESS WHEREOF:

Town of Los Gatos, by: Los Gatos- Saratoga Recreation, by:

Lau - ure iSrevetti, Town Manager
Ap roved as to Fonn: Attest:
r
t
NC 4_u 41J °
Rah Schultz, T t (($ Attorney Shelly Neis, Int iim Town Clerk First Amendment to Use Agreement Town of Los Gatos and Los Gatos- Saratoga Recreation Page I of?.

Recommended by:

Matt Morley, Director of Pa ks, a d Public Works
First Amendment to Use Agreement Town of Los Gatos and Los Gatos - Saratoga Recreation

USE AGREEME4 T
BRIAkIEN T 1lF TOWN OI' LOS GAT' OS
AND
HAS GAT OS- S.ARATOGA RECREATION
This USE AGREENIEN I is entered into this _ _ s ' day s'\ _ , N I4, by and between the TOWN OF LOS GAT' OS. State of C` aliforma Crown-), and LOS C ATOS SARATOGA RECREATION, ( ° LGSR ").

RECITALS
A. I- os Gatos- Saratoga Community L-dncation and Rcercanon (" LGSR-), a joint powers agency of the Los Gatos Union School District, Saratoga Union School District and H_ os Gatos - Saratoga Union High School District, was established to ensure the effective and efficient provision of community education and recreation services to the comniannics of Los Gatos, Saratoga, N( onte Screno and Santa Cruz Mountains Communities.

B. LGSR provides fee -based public recreation, supplemental education and child care programs for Los Gatos, Monte Screno, Saratoga and the Santa Cruz Mountains communities, C. In order to provide convenient and effective programs to its constituent communities, LGSR desires ro use various parks and open spaces owned and maintained by the Town of I os Gatos ( "Town`}. 1) The Town arid LGSR each desire an agreement between them setting forth the specific terms arid conditions under which LGSR may use certain Town parks. facilities and open spaces, including days and hours ofuse, and the fees payable by LGSR for the exclusive use of the designated facilities_

AGREENIEN T
NOW, THE'REFORL, THE PARTIFS HERETO AGREE AS FOLLOWS"
Subjeet. Prcmises. The premises covered by this agreement. are C: reekside Sports Park, Blossom Hill Park, Town Plaza Park ( for Santa in the Park only) and Oak Meadow Park ( collectively, the Premises'). LGSR may request the use of additional premises, which shall be considered by the Town arid authorized . for use as more fully described in Section 7.

Use of [?rpmis s LGSR shall he allowed use of the Premises for approved Programs dunng those times and dates as shown or. Attachment A, " Annual Schedule The mitial Annual Schedule shall cover camps and class for the 3014 Summer Session through the 2015 Spring Session initial Program Year"). and snail identify what portion or poarons of the Premises shalt be designated for each approved Program. No later than July 15th of each year this Agreement is in force, I 6SR shall submit to the Town a schedule for the upcoming Fall and Winter sessions. including the dates for the December Santa in the Park event. No later than December 151' of each year this agreement is in session, LGSR shall submit a schedule for the upcoming Spring and Sun Inc(- sessions. The period from Summer through the following Spring shrall constitute a Program Year" for purposes of this agrc meo% with Premises ises use shon on the Annual Schedule.

LGSR ores request changes to the Annual Schedule by written notification to the Department of Parks and Public ' A orks, but shall endeavor to minimize changes ill 'he ,-chedu:e during the Initial Program Year and cash subsequent Program Year. All changes should be made in writing no less

ATTACHMENT I

than 30 days prior to the effective date of the change. The Town of Los Gatos shall hax e sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.

Term of,_R reement. Unless terminated sooner pursuant to Section 19 of this . Agreement, this Agreement shall expire on May 31. 2017. The term Hof this Agreement may be extended for up to two additional three year periods upon mutual written consent of the parties.

Annua! Use F=ee. Beginning June 1, 2014, and every year thereafter, LGSR stall pay the 'I own of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shalt be 10,000. The Annual Use Fee shall be considered full and fair compensation for use of the Premises for those days and times on the approved Annual Schedule, and in conjunction with the Facility Maintenance Fee described in Section S, shall be used by the ' I own to help fund the cost of maintenance ofthe Premises.

5. La5 i(jty' ainten nc Fee. Beginning June 1, 2014, and continuing < or the full term of this agreement, including any ex=tensions, each participant in programs or classes offered by LGSR on Town premises will be charged a 52. 00 Facility Maintenance Fee ( rMP) per class or program.

The Facility Maintenance Fee shall be assessed by LGSR at the time of registration or payment of program fees, and shall be remitted to the Town quarterly. Participants shall be charged a FMF for each separate registration in a program or class offered by LGSR offered on the Premises covered by this Agreement.

6. Annual L` se Vec Adjustmett Cng ha e in CK On June 1. 2015, and each anniversary thereafter, the Annual User Fee shall be adjusted equal to the CPI adjustment approved by the Town Council as part of its annual Comprehensive Fee Schedule adoption, which is based on the average increase in the CPI for the previous calendar year Annual L'. e Fee Adjustment-- Chamie i-- aaaningor Facilities. On June 1, 2015, and each anniversary thereafter, the Annual User Fee shall also be adjusted based on programming changes resulting in a material increase or decrease in the use of the Premises. In addition, the .Annual User Fee shall be adjusted to reflect the addition of any new facilities or the cessation of use at any of the facilities that comprise the Premises. , Xnv fee adjustment under this section will be negotiated in good faith between the Town and LGSR as part of the development of the Annual Schedule described in Section 2 above.

8. Ma e. LGSR shall be responsible for general site clean -up including pick- up and disposal of trash that may results from the approved use of the Premises.

9. Fa_fJluy Usg Policies. LGSR shall comply, without limitation, to all applicable provisions of the Los Gatos Town Code, with special attention to the provisions of Chapter 19. Parks and Recreation. LGSR shall also comply with any park rules and regulations established by the Director of Parks and Public works pursuant to Section 19. 10. 025071 of the Pawn Code. including those tales set forth in Attachment B. Town of Los Gatos Park Rules and Regulations. and Attachment C, Town of Los- Gatos Creekside Sports Park Special Use Policies. Failure to comply with these policies may result in suspension and =or termination of this agreement.

10. Pa tnent LGSR shall make all payments, whether or not invoiced by Town, required pursuant to this Agreement no later than July P of each year that such payments are due. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows:

Ibwn of Cos Gatos
Attn. Finance Department
P. O. Box 655
Los Gatos, California 9,SVV
I1. . Ass'i9Wen €. LGSR shall not assign any portion of this Agreement, or allow any use of the Premises by any other person or entity contrary to the semis of this Agreerent, without prior written approval of town. LGSR is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with LGSR.

12. I?ersonat Prooenv. Personal property of LGSR shall be LGSR', soie responsibility to acquire, repair, replace and store. Any storage of personal properly on the Premises shall require prior approval by the "rows LGSR shalt remove all personal properly at the expiration or termination of this Agreement, or sooner, as directed by the Town in its sole discretion. Any personal property not so removed with 30 days of nonfication by the Town shall become the sole propeGy of Town with no compensation.

13. Temporary Si} na4C LGSR shall be permitted to install temporary event sigttage on the Premises upon approval of an application to the Town of Los Owns Planning Department pursuant to the provisions of S io 28. 10. 120 ( 4I Firm SWu of the Town £'.ode. Each LGSR Activity Quaner summer, fall, spring, winter) shall be eligible for temporary event sigmage. Ail temporary event signage must include the LGSR logo of such size and placement that it is clear that the signage is for a program or activity sponsored by LGSR. The Town shall charge a single Temporary Signage fee for each Program Year,

14. New Proeranr Vendors Referral. The Town and LGSR shall meet and negotiate in good faith a New Program Vendor Referral procedure, wherein the "town directs prospective new program vendors to LGSR for initial consideration prior to any issuance of penn; ts or negotiation of use agreements directly between the 7cmil and the prospective vendor.

I i Insurance.
a) Minimum Scope of brsuranee
h j LGSR agrees to have and maintain_ for the duration ofthe contract, £ietteral Liability insurance policies insuring the LGSR, its officers and employees to an runouat not less than one million dollars ( SI, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage, htaurance is to be placed with insurers whiz a current f1cst' s rating of no less than B =.

Fi) iLGSR agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring the LGSR. its officers and employees to an amount not Less than one milhoo dollars ( S1,000, 0( N_)} combined single limit per accident for bodily injury andproperty
damage. iii) LGSR shall provide to the fown all certificates of insurance, with original endorsements . effecting coverage. LGSR shall provide all certificates and endorsements before tpvn ofAgreement

b) General Liability;
i) The Town, its officers, cnnployees and volunteers are to be covered as additional insured as tespeets to liability arising out of activities occurring on or related to the occupancy and use of the Premises by the LGSR.
ii) The LGSR' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the Town; its officials, emplovees or volunteers shall be excess of the LGSR' s insurance and shall not contribute with it.
iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers. officials, employees or vo.untccrs. iv) ' I lie LGSR' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer' s liability. c) All Coverages. Each insurance policy required in this Paragraph 13 shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the " Down. The LGSR shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement. d) workers' Compensation. In addition to these policies. LGSR shall have and maintain Workers' Compensation insurance as required by California law. Further. LGSR shall ensure that all contractors employed on the Premises by the LGSR provide the required Workers' Compensation insurance; for their respective employees. e) Property Insurance. Town shall have no obligation to maintain any inswrance of the Premises or any personal property placed on the Premises. LGSR shall be solely responsible for obtaining whatever insurance coverage that the L( iSR believes may be appropriate to protect and indemnify the LGSR for loss to the Premises or to any personal property that the LGSR may place on the Premises.

16. Inder tnnifLcation. LGSR agrees to indemnify, hold harmless, and defend the Town, its officers, employees, volunteers, and agents, from and against any and all damages, claims or liability, penalties, costs or expenses in law or equity that may at any time arise from any toss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the LGSR' s use of the Premises, including use by anyone that the LGSR has permitted oratlowed to use the Premises. This obligation to indemnify, hold hamtiess, and defend applies whether or not the incident or claim or liability is or may be related to negligence on Are part of The Town.

17. Qamaae and Des traction.
a) Damage or destruction of any portion: of t! te Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two panics, any present or future law to the contrary notwithstanding. except pursuant to the provisions of this Section I ?.

b) If because of destruction or damage, a portion Of the Premises becomes unsuitable or Inadequate for a use as specified in the Annual Schedule, the Town and LGSR shall meet and work cooperatively to identify an aiternat,%c location: for the: usc. If the alternative location can be found on Town- owned properly, then no modification of the Annual Use Fee shall be made- If no alternative location can he found, or if an alternative location is ` round that is not. on Town -owned property, than LGSR shall be entitled to a prorated refund of the Annual Use Fee, calculated by determining the fee that would have been assessed for the displaced program or activity is if it had been issued a Facility Use Fee Permit. Any such calculation will be based on the Town' s approved schedule of Annual h "e" and Charges in effect at the time of the program displacement.
c) Under no circumstances does the Town have any obligation to provide LGSR with all alternative property to conduct its operations, and LGSR is solely responsible for obtaining such insurance as the LGSR deems appropriate to protect its interests should damage or destruction to any of the Premises occur.
d) LGSR shall be liable for any loss, damage or injury to the Premises as a result of tine direct or indirect use ofthe Premises by LGSR under this agreement.

18. ( omnhance with Fown Codes- LGSR shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.

IJ. Termination.
a) LGSR sha11 promptly terminate its use of the Premises at the expiration of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. Any personal property not removed by the LGSR within thirty ('30) days of the wrminabotl of this Agreement shall become the property of the Town and nay be disposed ( if as the l'own in its sole discretion deems advisable.
b) This . Agreement shall continue in full force and effect unless prior to February I' of any calendar year, either Party provides written notice to [ he other Party that it desires to terminate the Agreement for convenicnoc and, upon such notice, the Agreement shall terminate on June 30" of the same calendar year.
c) if Town in its sole discretion determines that it requires the Premises . for arty public purpose, Town may terminate this Agreement upon one hundred eighty ( 180) days written notice. In the event of an emergency, Town may terminate this Agreement upon five ( 5) days written notice. ' Emergency," for the purposes of this paragraph is defined as when the Town Council declares a State of Emergency_ Upon terunation of this Agreement in tine event of an Emergency, ' Down and LGSR will work cooperatively to secure alterative facilities for LGSR programs.
d) In the event of any material default or breach by LGSR. Town may at any time thereafter. following arty notice required by stt'auie. and without larliting' iown in tote exercise of any right or remedy which may have reason of such default or breach:
a. Terminate LGSR' s right to possession of the Premises by arty lawful means, in which case this .Agreement shall terminate and LGSR shall immediately surrender possession ed the Premises to "rowr.. In such event. Town shall be entitled to recover from LGSR any

damages incurred by Town by reason of LCSL' s default including but not limited to- the cost of recovering possession of the Premises and reasonable attorneys' fees. b. Pursue any other remedy now or hereafter available to Town under the laws of the State of California. " Town shall have all remedies Provided. in law and equity. c) LI3SR waives all rights of redemption or relief from forfeiture under California Code ot' Civil Procedure sections 1174 and 1174, and any other present and future law, in the event LGSR is evicted or Town otherwise lawfvlly takes possession of the Premises by reason of any default or breach ofthis Agreement by LGSR.

20. Vo Pro perty Righ {;. Nothing in tlus Agreement is in any way intended to establish, convey, create or otherwise grant to LGSR any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by LGSR' s use of the Premises pursuant to this Agreement. LGSR hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures location thereon, and that any claim it may have to same is hereby and forever waived.

21. Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:

To the LGSRr
Fxecutiae Director
Los Gatos- Saratoga Recreation
123 E. Main Street
Los Gatos, CA 95030
To the Town:

Director
Department ol' Parks and Public Works
Town of Los Gatos
41 Mites Avenue
Los Gatos, CA 95030
Notices shail be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall be deemed effective on the ffib day following deposit in the U. S Mail.

22. Waiven No failure on the pan of either parry to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver ofa breach or default under this Agreement constitute a continuing waiver of a subseyuent breach of the same or any other provision of this License Agreement.

23. hjrtire Aiseemenl. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and LGSR_ No tens, conditions, understanding or agreements purporting to modify or vary this Agreement, unless hereafter made m writing and signed by the party it) be bound, shall be binding on either party.

IN WITNI, SS WIIIEREOF:

Tow v Of LOS Gatos. b):

Approved as to F ) rm,
Riberischul"Z, To m. homey
Los Gatos - Saratoga Recreation, by:

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ATFACHMEN'T B

PARK RULES AND REGULATIONS
Effective March 1, 2013)
All park users shall comply with the provisions of Chapter 19, Parks and Recreation of the Los Gatos Town Code, and the these Park Rules and Regulations established by the Director of Parks and Public Works pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code General
Hours: Parks and trails are open from official sunrise to one -half hour after sunset, unless posted otherwise.

Parking at Oak Meadow Park: Residents of Los Gatos FREE all residents living in
95030 & 95032 zip codes)
Non - Residents $ 6. 00 per vehicle
includes people living in
95033 zip code)
Parking at all other Parks: Free
No Smoking
Smoking is prohibited within any park or on any trail.

Food & Alcohol
Beer and wine are allowed with a picnic meal but must not leave the picnic site.

A Vehicle Escort Permit is required when a caterer delivers food to a picnic site.

Barbecues are not allowed at Belgatos Park.

Decorations & Signs
Decorations must not interfere with other picnic sites.

Decorations must be cleaned up and removed before leaving the park.

Directional signs may be posted in designated areas, but must be removed before leaving.

No lacks, nails or staples on park signs, tables or trees.

No confetti, Egg toss or pinatas are allowed.

Dogs
A six ( 6) foot leash is required at ail times and dogs must be kept under physical control.
0 Pet owners are required to immediately clean -up after their pets.

Miscellaneous
6 Portable BBQs ( gas or charcoal) are allowed in picnic areas only. a Portable radios are allowed.

Loud music is not allowed at any hour.

Volleyball and Badminton nets are allowed.
a Portable toilets are not allowed.

Petting zoos and pony rides are not allowed.

Water slides and 'Slip -n- Slides" are not allowed.

Organized sports activities are not allowed without a permit.

No golfing within any park.

No overnight camping allowed.

No sale or vending or other commercial activity except by permit.

Clean -lice
Facilities rented and used must be left in clean condition. A fee will be assessed to you for leaving the picnic area unclean or damaged.

Applicant should provide means to clean up site, including extra trash bags. a Pick -up and dispose of all trash and food waste materials at reserved park site.

Remove cans, bottles, bags, decorations, balloons, food and debris from park site.

Use trash cans.

Allow fires in barbecue pits to burn out. Do not use water because it will damage the grill and pit
Reservations
Prior to selecting and reserving any picnic area or bandstand /gazebo, we recommend that the applicant visit the park facility in advance or view Parks & Trails Map to obtain details of each of Town' s parks and trails, including maps and driving directions. A Park and Trails Maa is available online and at Town offices. m The Parks and Public Works Department staff will finalize your reservation request once you have completed the on -line reservation process and payment by credit card in full is received. Checks will no longer be accepted. A reservation fee will be charged for each site you reserve. If you reserve two or more sites, a fee will be assessed for each site, as applicable. Park reservations do not include parking.

Please view the Fee Schedule for current charges.

Q Requests to reserve a picnic area should not be submitted with less than 48 hours of advance notice prior to the requested reservation date. All reservation requests must be completed through the on -line reservation process. Reservations by phone will not be accepted.

All information collected is only for the use of the Town of Los Gatos Parks and Public Works Department for park reservations and will not be sold or shared with

outside vendors. Also be assured that all data you send as part of this reservation process is through a secure server and the data is encrypted for transmission- We do not keep any of your credit card information on our system.

Permits
Special Use Permits are required for the following:

1. Use of a group area for 25 people or more.

2. Use of a jump house at any park in Los Gatos.

3. Use of a vehicle escort at any park.

4. Use of Bocce ball Courts at Oak Meadow Park,

5. Use of Gazebo/ Bandstand at Oak Meadow Park.

6. For any organized recreational activities, such as formal classes or other similar activities.

The permitee, under Town Municipal Code, Section 19. 30. 025, shall be bound by all park rules and regulations, and all applicable ordinances. The person to whom such permit is issued shall be liable for any loss, damage or injury sustained by the Town or by any person whomsoever by reason of the negligence of the person to whom such permit shall have been issued.

Special Use Permit is approved by the Parks & Public Works Department upon review of reservation request and payment of applicable deposit.

Use of a disc jockey ( DJ) at the Gazebo / Bandstand at Oak Meadow Park is allowed only after receiving a Special Events Permit from the Los Gatos -Monte Sereno Police Department. The Police Department number is ( 408) 354 -8600.

An insurance certificate in the amount of $ 1 million, naming the Town of Los Gatos, its Council members, Boards, Commissions, employees and agents as additionally insured is required for groups of over 100 people ( reservations for events such as weddings, reunions and company picnics).

Permits cannot be transferred, assigned or sublet.

Jump Houses
Use of a jump house requires a Special Use Permit. At Oak Meadow Park, a Special Use Permit for jump houses can be requested only if the associated picnic area is reserved concurrently.

Jump houses can be rented only from companies that have provided proof of liability insurance naming the Town of Los Gatos as the additional insured. The following companies have registered with the Clerk' s Office and have provided the required certificate:

Astro Events & Jump ( 800) 300 -0922
Bali Baly Jump 408) 226 -2706
Jump For Fun 800) 281 -6792
Bay Area Jump 800) 514 -5867
Jump For Joy 800) 418 -5867
Any jump house company not listed above must provide insurance to the Town of Los Gatos Clerk `s Office for consideration. A permit will not be issued to an applicant without providing proof of insurance from the vendor.

Jump houses must be hand carried in to the park and placed in the area specified by the Parks Service Officer.
a No electricity is provided at the park for jump houses.

Jump houses with combined features such as a jumper and a slide and/or obstacle course, and features containing water are not allowed.
m Personally owned jump houses are not allowed.

Jump house fees for residents are $ 95. Non - resident fees are $ 125.

A Jump House Permit does not include Picnic Area Use Permit. Each must be obtained separately.
aehicie Escort
Individuals renting a park facility can request a staff vehicle escort to assist with the transport of supplies to/from a designated picnic area. Reservations must be made five 5) business days in advance of the event date for this service.

No vehicles are allowed beyond designated public parking lots. If an individual would like to drop off supplies or equipment beyond these areas in a vehicle, a vehicle escort is required.

Vehicle escorts conducted by a Park Service Officer must be scheduled in advance.

Vehicle escorts are not available for Picnic Areas t. 2, & 7 at Oak Meadow Park.

ATFACHXIEYF c

CREEKSIDE SPORTS PARK

SPECIAL RULES AND REGULATIONS
Effective March 1, 2013)
All park users shall comply with the provisions of Chapter 19, Parks and Recreation of the Los Gatos Town Code; Park Rules and Regulations established by the Director of Parks and Public Works pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code; and these Special Rules and Regulations, also established pursuant to Section 19. 10. 025( 17) of the Los Gatos Town Code. Permitted groups have priority use and other users shall promptly vacate field upon request by permitted users
Smoking of any substance and use of any tobacco product, including chewing tobacco, is prohibited.

Artificial Turf Field and Warm Up Area Use
e No metal cleats or spikes allowed.

No metal stakes, such as umbrellas or shade structures permitted.

No bare feet.

No spitting on artificial turf surfaces.

No vehicles allowed on field or warm -up area
No marking or painting of turf unless approved by the Town of Los Gatos.

No golfing or use of golf clubs.

No discus, hammer, javelin or other field events permitted.

Food & Beverages
No alcoholic beverages permitted within Creekside Sports Park.

No open fires, flames or portable barbecues ( gas or charcoal) permitted. e No chewing gum or sunflower seeds allowed within Creekside Sports Park. m No food or beverages allowed on playing field other than water. m No glass bottles or containers allowed on field or warm -up areas.

Dogs and Other Animals
4 No dogs or other animals allowed except for certified guide animals.

Signage
Signs may be affixed with string, rope or ties only. No tape, tacks, staples, or nails allowed.
ffi All signage and ties must be removed after use.

No staking of any team signs or banners allowed.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

USE AGREEMENT

BETWEEN THE TOWN OF LOS GATOS
AND

LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION
THIS AGREEMENT is dated for identification this 1st day of July 2023 and is made by and between TOWN OF LOS GATOS, State of California (“Town”) and LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION (“LGSR”) identified as a California nonprofit corporation and whose address is 123 E. Main Street, Los Gatos, CA 95030.

I. RECITALS

1.1 Los Gatos-Saratoga Community Education and Recreation (“LGSR”), a joint powers agency of the Los Gatos Union School District, Saratoga Union School District, and Los GatosSaratoga Union High School District was established to ensure the effective and efficient provision of community education and recreation services to the communities of Los Gatos, Saratoga, Monte Sereno, and Santa Cruz Mountains communities.

1.2 LGSR provides fee-based public recreation, supplemental education, and childcare programs for Los Gatos, Monte Sereno, Saratoga, and the Santa Cruz Mountains communities. LGSR and the Town have been under contract since 2014 for programs within certain parks that are owned and operated by the Town.

1.3 In order to provide convenient and effective programs to its constituent communities, LGSR desires to use various parks and open spaces owned and maintained by the Town of Los Gatos (“Town”).

1.4 The Town requested and LGSR has agreed to provide recreational programming for adults aged 55 years and older for the Town of Los Gatos.

II. AGREEMENTS

2.1 Subject Premises. The premises covered by this agreement are the portions of Blossom Hill Park, Creekside Sports Park, La Rinconada Park, and Oak Meadow Park (collectively, the “Premises”) denoted in Attachment 1. LGSR may request the use of additional premises which shall be considered by the Town and authorized for use as more fully described in Section 2.7.

2.2 Use of Premises. LGSR shall be allowed the use of the Premises for approved Programs during those times and dates as shown on the “Annual Schedule”. The Annual Schedule shall cover camps and classes and shall identify what portion or portions of the Premises shall be designated for each approved Program. Each year this Agreement is in force, LGSR shall submit a schedule no later than June 30th for the upcoming Fall session, no later than

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

September 30th for the upcoming Winter and Spring session, and no later than February 28th for the upcoming Summer session.

LGSR may request changes to the Annual Schedule by written notification to the Department of Parks and Public Works but shall endeavor to minimize changes to the schedule. All changes should be made in writing no less than 30 days prior to the effective date of the change. Town has the final say in establishing the master schedule. Town will attempt to accommodate user groups at their requested time but reserves the right to propose use hours that balance the needs of all user groups equitably. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.

LGSR may partner with third party providers that have executed Use Agreements with the Town. In the case of such partnerships the Use Hours and Facility Maintenance Fee payments will be paid by the third party and not by LGSR.

2.3 Term of Agreement. Unless terminated sooner pursuant to Section 4.3 of this Agreement, the Use Agreement remains in effect from July 1, 2023 through June 30, 2024. The term of this Agreement may be extended for up to nine additional one-year periods.

2.4 Annual Use Fee. Beginning July 1, 2023, and every year thereafter, LGSR shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $15,500, which represents 4,607 hours of Premises Use. The Annual Use Fee shall be considered full and fair compensation for use of the Premises for those days and times on the approved Annual Schedule, and in conjunction with the Facility Maintenance Fee described in Section 2.5, shall be used by the Town to help fund the cost of the maintenance of the Premises.

ALTERNATIVE LANGUAGE. TO BE USED IF COUNCIL ACCEPTS THAT PICKLEBALL IS A SENIOR

PROGRAM
Annual Use Fee. Beginning July 1, 2023, and every year thereafter, LGSR shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The based initial Annual Use Fee shall be $13,245.22, which represents 3,936 hours of Premises Use. The parties recognize that 671 hours of pickleball programming at LaRinconada Park is not included in this calculation in consideration of pickleball as a senior program serving people aged 55 years and older. The Annual Use Fee shall be considered full and fair compensation for use of the Premises for those days and times on the approved Annual Schedule, and in conjunction with the Facility Maintenance Fee described in Section 2.5, shall be used by the Town to help fund the cost of the maintenance of the Premises.

2.5 Facility Maintenance Fee. Beginning July 1, 2023, and continuing for the full term of this agreement, including any extensions, each participant in programs or classes offered by LGSR on Town premises will be charged a four ($4.00) Facility Maintenance Fee (FMF) per

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

session . The Facility Maintenance Fee shall be assessed by LGSR at the time of registration or payment of program fees and shall be remitted to the Town quarterly.

Participants shall be charged an FMF for each separate registration in a program or class offered by LGSR offered on the Premises covered by this agreement.

ALTERNATIVE LANGUAGE: TO BE USED IF COUNCIL ACCEPTS THE REDUCED FACILITY USE FEE

FOR LGSR
Facility Maintenance Fee. Beginning July 1, 2023, and continuing for the full term of this agreement, including any extensions, each participant in programs or classes offered by LGSR on Town premises will be charged a two ($2.00) Facility Maintenance Fee (FMF) per session. The Facility Maintenance Fee shall be assessed by LGSR at the time of registration or payment of program fees and shall be remitted to the Town quarterly.

Participants shall be charged an FMF for each separate registration in a program or class offered by LGSR offered on the Premises covered by this agreement.

2.6 Annual Use Fee Adjustment-Change in CPI. On July 1, 2024, and each anniversary thereafter, the Annual User Fee shall be adjusted according to the percent change in the U. S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index.

2.7 Annual Use Fee Adjustment-Change in Programming or Facilities. On July 1, 2024, and each anniversary thereafter, the Annual User Fee shall also be adjusted based on programming changes resulting in a material increase or decrease in the use of the Premises. In addition, the Annual User Fee shall be adjusted to reflect the addition of any new facilities or cessation of use at any of the facilities that comprise the Premises. Should LGSR increase or decrease its requested hours of use as set forth in the Annual Schedule, by 5% or more, the Annual Use Fee shall be adjusted proportionally based on the percentage change in hours. Any fee adjustment under this section will be negotiated in good faith between the Town and LGSR as part of the development of the Annual Schedule. Programming that is specifically marketed to and participation is limited to senior participants aged 55 years and older shall not be included in the calculated increase of hours.

2.8 Maintenance. LGSR shall be responsible for general site clean-up including pick up and disposal of trash that may result from the approved use of the Premises.

2.9 Facility Use Policies. LGSR shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. LGSR shall also comply with any park rules and regulations established by the Director of Parks and Public Works pursuant to Section 19.10.025(17) of the Town Code, including those rules set forth in Attachment A, Town of Los Gatos Park Rules and Regulations. LGSR agrees to comply with the current rules and regulations available at www.losgatosca.gov/parkres as well as any future amendments to those rules and

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

regulations. Failure to comply with these policies may result in suspension and/or termination of this agreement.

LGSR agrees to comply with the state “Fair Play in Community Sports Act.” LGSR will not discriminate on the basis of gender and boys’ and girls’ teams will have equal access to the facilities.

2.10 Payment. LGSR shall make all payments, whether or not invoiced by Town, required pursuant to this Agreement no later than November 1 and April 1 of each year that such payments are due. All payments shall be mailed by first class mail or delivered in person at Town offices and addressed as follows:

Town of Los Gatos
Attn: Finance Department
P.O. Box 697
Los Gatos, California 95031

2.11 Assignment. LGSR shall not assign any portion of this Agreement or allow any use of the Premises by any other person or entity contrary to this Agreement's terms, without the Town's prior written approval. LGSR is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with LGSR.

2.12 Personal Property. Personal property of LGSR shall be LGSR’s sole responsibility to acquire, repair, replace and store. Any storage of personal property on the Premises shall require prior approval by the Town. LGSR shall remove all personal property at the expiration or termination of this Agreement, or sooner, as directed by the Town in its sole discretion. Any personal property not so removed with 30 days of notification by the Town shall become the sole property of Town with no compensation.

2.13 Temporary Signage. LGSR shall be permitted to install temporary event signage on the Premises upon approval of an application to the Town of Los Gatos Planning Department pursuant to the provisions of Section29.10.120 (4) Event Signs of the Town Code. Each LGSR Activity Quarter (summer, fall spring, winter) shall be eligible for temporary event signage. All temporary event signage must include the LGSR logo of such size and placement that it is clear that the signage is for a program or activity sponsored by LGSR.

The Town shall charge a single Temporary Signage fee for each year.

2.14 New Program Vendors Referral. The Town and LGSR shall meet and negotiate in good faith a New Program Vendor Referral procedure, wherein the Town directs prospective new program vendors to LGSR for initial consideration prior to any issuance of permits or negotiation of use agreements directly between the Town and the prospective vendor.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

III. INSURANCE AND INDEMNIFICATION

3.1 Minimum Scope of Insurance:
i. LGSR agrees to have and maintain for the duration of this Agreement, General Liability insurance policies insuring LGSR, its elected and appointed officials, employees, and agents to an amount not less than two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Insurance is to be placed with insurers with a current Best’s rating of no less than B+. ii. LGSR agrees to have and maintain, for the duration of this Agreement, an Automobile Liability insurance policy insuring the LGSR, its elected and appointed officials, employees, and agents to an amount not less than one million ($1,000,000) combined single limit per accident for bodily injury and property damage.
iii. LGSR shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. LGSR shall provide all certificates and endorsements before term of Agreement begins.

General Liability:
i. The Town, its elected and appointed officials, employees and agents are to be covered as additional insured as respects to liability arising out of activities occurring on or related to the occupancy and use of the Premises by LGSR.
ii. The LGSR’s insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees and agents. Any insurance or self-insurance maintained by the Town, its elected and appointed officials, employees or agents shall be excess of the LGSR’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The LGSR’s insurance shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Town. The LGSR shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement.

3.3 Workers’ Compensation. In addition to these policies, LGSR shall have and maintain Workers’ Compensation insurance as required by California law. Further, LGSR shall ensure that all contractors employed on the Premises by the LGSR provide the required Workers’ Compensation insurance for their respective employees.

3.4 Property Insurance. LGSR shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. LGSR shall be solely responsible for obtaining whatever insurance coverage that the LGSR believes may be appropriate to protect and indemnify the LGSR for loss to the Premises or to any personal property that the LGSR may place on the Premises.

3.4 Indemnification. LGSR agrees to indemnify, hold harmless, and defend the Town, its elected and appointed officials, employees, and agents, from and against any and all damages, claims or liability, penalties, costs or expenses in law or equity that may at any time arise from any loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the LGSR’s use of the Premises, including use by anyone that the LGSR has permitted or allowed to use the Premises. This obligation to indemnify, hold harmless, and defend applies whether or not the incident or claim or liability is or may be related negligence on the part of the Town.

IV. GENERAL TERMS

4.1 Damage and Destruction. Damage or destruction of any portion of the Premises by any cause shall not terminate this Agreement or otherwise affect the respective obligations of the two parties, any present or future law to the contrary notwithstanding, except pursuant to the provisions of this Section 4.1.

If because of destruction or damage, a portion of the Premises becomes unsuitable or inadequate for use as specified in the Annual Schedule the Town and LGSR shall meet and work cooperatively to identify an alternative location for the use. If the alternative location can be found on Town-owned property, then no modification of the Annual Use Fee shall be made. If no alternative location can be found, or if an alternative location is found that is not on Town-owned property, then LGSR shall be entitled to a prorated refund of the Annual Use Fee, calculated by determining that fee that would have been assessed for the displaced program or activity is if it had been issued a Facility Use Fee Permit. Any such calculation will be based on the Town’s approved schedule of Annual Fees and Charges in effect at the time of the program displacement.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

Under no circumstances does the Town have any obligation to provide LGSR with an alternative property to conduct its operations, and LGSR is solely responsible for obtaining such insurance as the LGSR deems appropriate to protect its interests should damage or destruction to any of the Premises occur.

LGSR shall be liable for any loss, damage, or injury to the Premises as a result of the direct or indirect use of the Premises by LGSR under this agreement.

4.2 Compliance with Town Codes. LGSR shall comply with all Town Code provisions, including Chapter 19 of the Code concerning Parks and Recreation.

4.3 Termination of Agreement. LGSR shall promptly terminate its use of the Premises at the expiration of this Agreement, leaving the Premises in the same condition it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. Any personal property not removed by LGSR within thirty (30) days of the termination of this Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.

This Agreement shall continue in full force and effect unless prior to February 1st of any calendar year, either Party provides written notice to the other Party that it desires to terminate the Agreement for convenience and, upon such notice, the Agreement shall terminate on June 30th of the same calendar year.

If Town in its sole discretion determines that it requires the Premises for any public purpose, Town may terminate this Agreement upon one hundred eighty (180) days written notice. In the event of an emergency, Town may terminate this Agreement upon five (5) days written notice. “Emergency,” for the purpose of this paragraph, is defined as when the Town Council declares a State of Emergency. Upon termination of this Agreement in the event of an Emergency, Town and LGSR will work cooperatively to secure alternative facilities for LGSR programs.

In the event of any material default or breach by LGSR, Town may at any time, thereafter, following any notice required by statute, and without limiting Town in the exercise of any right or remedy which may have reason of such default or breach:

Terminate LGSR’s right to possession of the Premises by any lawful means, in which case this Agreement shall terminate and LGSR shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from LGSR any damages incurred by Town by reason of LGSR’s default including but not limited to the cost of recovering possession of the Premises and reasonable attorneys’ fees.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

Pursue any other remedy now or hereafter available to Town under the laws of the State of California. Town shall have all remedies provided in law and equity.

LGSR waives all rights of redemption or relief from forfeiture under California Code of Civil Procedure sections 1174 and 1179, and any other present, and future law, in the event LGSR is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by LGSR.

4.4 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant LGSR any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by LGSR’s use of the Premises pursuant to this Agreement. LGSR hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixture’s location thereon, and that any claim it may have to same is hereby and forever waived.

4.5 Notices. Any written correspondence of Notices given under this Agreement shall be addressed as follows:

To the LGSR: To the Town:

Executive Director Director
Los Gatos-Saratoga Recreation Department of Parks and Public Works 123 E. Main Street Town of Los Gatos
Los Gatos, CA 95030 41 Miles Avenue
Los Gatos, CA 95030
Notices shall be delivered by first class, postage prepaid mail or in person. If mailed, a notice shall be deemed effective on the fifth day following in the U.S. Mail.

4.6 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of subsequent breach of the same or any other provision of this License Agreement.

4.7 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and LGSR. No terms, conditions, understanding, or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

IN WITNESS WHEREOF, the Town and LGSR have executed this Use Agreement.

Town of Los Gatos:

Laurel Prevetti, Town Manager

Recommended by:

Nicolle Burnham
Director of Parks and Public Works
Los Gatos-Saratoga Recreation:

Nancy Rollett, Executive Director
Approved as to Form:

Gabrielle Whelan, Town Attorney
Attest:

Wendy Wood, CMC, Town Clerk

ATTACHMENT 1
Areas Included in this Agreement
ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

ATTACHMENT 1
Areas Included in this Agreement
ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation

ATTACHMENT 1
Areas Included in this Agreement
ATTACHMENT 2
Use Agreement DRAFT – May 2023
Los Gatos-Saratoga Community Education and Recreation