How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JUNE 06, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JUNE 06, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09 Passcode: 771495 You can also type in X in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council member to participate remotely under AB 2449 (Government Code 54953)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Outgoing Youth Commissioner Commendations
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve the Draft Minutes of the May 16, 2023, Town Council Meeting.
2. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments.
3. Approve Town Council Meeting Schedule for the 2023/2024 Fiscal Year.
4. Authorize the Town Manager to Execute a First Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to Install a Battery Storage System at the Library (CIP 821-2502) to Extend the Term and Time of Performance through June 30, 2024.
5. Authorize the Town Manager to Execute a First Amendment to the Agreement with Pacific Water Art for Fountain Maintenance and Repair Services, Extending the Term to June 30, 2024, and to Add to the Compensation $46,495 for a Total Agreement Amount Not to Exceed $253,505.
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services to Include:
a. An Increase to the Contract Amount for Fiscal Year 2022/23 in the Amount of $53,381, for a Fiscal Year Amount of $238,381 and a Total Agreement Amount Not to Exceed $953,948; and
b. An Expenditure Budget Adjustment in the Amount of $53,381 from Available Capital/Special Project Reserve.
7. Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red Hawks Lacrosse Club.
8. Authorize the Town Manager to Accept the Holiday Light Displays as Donations to the Town From the Los Gatos Chamber of Commerce.
9. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024.
10. 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 PrioritiesEconomic Recovery Reserve.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
11. 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.
12. 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.
PUBLIC HEARINGS (Members of the public may be allotted up to three minutes to comment on any public hearing item. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
13. 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 CarryForward 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,
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.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
14. Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
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: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, May 16, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, May 16, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Team members from the Silicon Valley Basketball Club led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Ristow presented proclamations for Historic Preservation Month and Affordable Housing Month. Community Development Director Joel Paulson accepted the proclamations.
Executive Director for West Valley Community Services, Sujatha Venkatraman, gave a services update presentation.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with senior veterans regarding the Veterans Memorial, Friends of Los Gatos Seniors Foundation representatives, an individual from the tech community regarding economic innovation in the Town; participated in the Kiwanis Turnaround Scholarship Awards Luncheon Event and the Community Emergency Response Team (CERT) Earthquake Drill; observed the Finance Commission Meeting; participated in the General Plan Committee, the Cities Association Selection Committee meeting and the League of Cal Cities Legislative Action Committee meeting; and met with the president of the Police Officer’s Association (POA).
- Council Member Rennie stated he participated in the CERT Earthquake Drill; attended a Valley Transportation (VTA) Board of Directors meeting, the VTA Policy Advisory Committee meeting, the Finance Commission meeting, the West Valley Sanitation District Authority Board meeting, the Silicon Valley Clean Energy Authority (SVCEA) Board meeting, the Cities Association Board meeting; and met with Mark Robson regarding a proposed development at Surrey Farms.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
- Council Member Moore stated he attended the Kiwanis Turnaround Scholarship Awards Luncheon Event and Fisher Middle School Poetry Reading with Mayor Ristow; held a community coffee meeting; attended the Special Olympics of Northern California fundraiser at Campo di Bocce; participated in the CERT Earthquake Drill; met with the Police Officers Association (POA) President, the Executive Director of the West Valley Muslim Association, staff from Assembly Member Gail Pellerin’s Office, and Sally Lieber (represents Los Gatos on the State Board of Equalization); observed the Finance Commission meeting; and participated in the General Plan Committee meeting. - Vice Mayor Badame stated she interviewed applicants for the Youth Commission; attended the West Valley Clean Water Authority Board meeting, the West Valley Solid Waste Management Authority Board meeting; met with the applicant for the proposed development in the Surrey Farms neighborhood; observed the Finance Commission; met with the Board of Directors for the Los Gatos Veterans and Support Foundation and the POA President; and attended the opening day ceremony for Los Gatos Little League. - Mayor Ristow stated she attended several events already mentioned; stated May is Bike Month and Bike to Wherever Day is Saturday, May 20; announced the next Monday with the Mayor event; attended the Finance Commission meeting, the West Valley Service Providers meeting, and the all Town Employee quarterly meeting; helped teach fifth-grade bike skills; met with the POA President and a Daisy Troop; attended Fischer Middle School STEAM Showcase and Open House; and met with Shannon Road residents.
Manager Matters
- Announced Big Truck Day will be held from 10:00 a.m. to Noon on Saturday, May 20. - Announced the Adult Board and Commission recruitment is underway, and applications are due May 26 at 4:00 p.m. to the Clerk’s Office.
- Announced Assistant Town Manager Katy Nomura will start on June 5, 2023.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of the May 2, 2023 Town Council Meeting.
2. Receive the Monthly Financial and Investment Report (March 2023).
3. Receive FY 2021/22 Federal Single Audit Report.
4. Authorize the Town Manager to Execute a Use Agreement with Los Gatos United Soccer Club.
5. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2023/24 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017. RESOLUTION 2023-028
6. Adopt a Resolution to Extend the Term of the Housing Element Advisory Board.
RESOLUTION 2023-029
7. Ratify a First Amendment to the Axon Body Worn Camera Agreement for an Increase of $15,095 and Authorize the Town Manager to Execute a Second Amendment for Additional Storage for an increase of $10,000 for a Total Agreement Not-to-Exceed Amount of $275,630.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
8. Adopt a Resolution to Renew an Ordinance Approving a Military Equipment Funding, Acquisition, and Use Policy Pursuant to Assembly Bill 481 and Affirm that Each Type of Military Equipment Identified in the Annual Report Complies with the Standards Set Forth in the Town’s Ordinance on this Matter. RESOLUTION 2023-030
9. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard, and Authorize the Town Clerk to Submit for Recordation.
10. Approve a California State Library Negotiated Contract with Columbia Telecommunications Corporation for Continued Service of the Library’s Corporation for Education Network Initiatives in California Broadband Connection and Servicing.
Opened public comment.
Lee Fagot
- Commented on concerns with item five regarding the Shannon Road slurry seal and SB1 funding. Also commented on concerns with item nine regarding a pothole on Lark Avenue near Los Gatos Boulevard and would like to see if it could be fixed with the North 40 street improvements.
Closed public comment.
Council Member Hudes asked to pull items 3, 4, 5, and 9.
MOTION: Motion by Council Member Hudes to approve consent items 1-10, with the exception of items 3, 4, 5, and 9. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Folake Phillips, Executive Director of AWO
- Commented in support of housing affordability and upcoming educational and awareness events.
Tom Picraux
- Commented on the re-opening of the Live Oak Adult Day Services and the opening reception event on June 1 from 4:00 to 6:00 p.m.
Rachael Martines
- Commented on parking issues on Alpine Avenue and East Main Street, possible pay-to-play parking program, and the price of parking permits for businesses in the Olive Zone.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
Bev Batson
- Commented on the smoking ordinance, suggested Los Gatos businesses be closed on Sundays, requested tree trimming on Main Street, and inquired about funds for homeless services.
PUBLIC HEARINGS
11. Consider the Recommendations of the Finance Commission and Staff, and Provide Direction on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2023/24 and on the Proposed Capital Improvement Program for FY 2023/24 – FY 2027/28; Including but Not Limited to:
a. Provide direction to Balance the FY 2023/24 Proposed Budget; b. Provide Direction on the Proposed Operating Budget;
c. Provide Direction on the Proposed Capital Budget; and d. Consider the FY 2023/24 List of Potential Donations Consistent with the Town’s Donation Policy
Gitta Ungvari, Finance Director, and Nicolle Burnham, Public Works Director, presented the item.
MOTION: Motion by Council Member Moore to close Item 11 and reopen Verbal Communications. Seconded by Mayor Ristow.
VOTE: Motion passed by a unanimous vote.
Opened Verbal Communications.
Emily Ann Ramos, SV@Home
- Commended Town Council on the Affordable Housing Month proclamation and promoted an upcoming event on transit-oriented communities.
Mayor Ristow closed Verbal Communications and reopened Item 11.
Opened Public Comment for Item 11.
Diana Schnabel-Arevalo and Len Connolly
- Commented on the Police Department and requested adequate funding to maintain quality staff.
Peter Hertan, HAM Radio Volunteers
- Commented in support of funding emergency communications and the build-out of Incident Command Posts (ICP).
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
Diane Chandler, Veterans Memorial and Support Foundation - Requested financial support to eliminate the construction loan balance of $270,000 for the Flame of Liberty Memorial.
George Hall, Veterans Memorial and Support Foundation
- Requested funds to support the Veterans Memorial and commented on the Veterans Memorial and Support Foundation services.
Steven Giruyah, Los Gatos Living Magazine
- Commented on the Veterans Memorial and requested financial support.
Dick Scott
- Commented on the Veterans Memorial and requested financial support.
Ron Meyer
- Requested information on funding and expenses for the Diversity, Equity, and Inclusion initiatives and training contained in the budget.
Catherine Somers, Chamber of Commerce
- Commented on the Resource Fair at the Adult Recreation Center, requested American Rescue Plan Act (ARPA) funds for a community center, and requested the funds approved by Council for the visitor and information center and destination marketing come from the General Fund and not from ARPA funds.
-
Patrick Dirks, Amateur Radio Emergency Services (ARES)/Radio Amateur Civil Emergency Services (RACES)
- Commented in support of the emergency communications funds for existing and new ICP, expansion of the CERT trailer with additional radio capabilities, and add new digital communication.
Closed Public Comment.
Recess 8:48 p.m.
Reconvene 9:00 p.m.
Council discussed the matter.
MOTION: Motion by Vice Mayor Badame to approve the FY 2023/24 List of Potential Donations Consistent with the Town’s Donation Policy in Attachment 7 of the staff report. Seconded by Council Member Moore.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
VOTE: Motion passed by a unanimous vote.
MOTION: Motion by Council Member Rennie to keep the CIP budget as is and add $35,000 for the ICPs and other equipment in the Emergency Preparedness project.
AMENDMENT: Reallocate $35,000 of American Rescue Plan Act (ARPA) funds from the Lynn Avenue Pathway project to fund the additional $35,000. Seconded by Council Member Hudes.
VOTE: Motion passed by a unanimous vote.
MOTION: Motion by Council Member Hudes to approve the Finance Commission recommendation to add a vacancy rate of 4.6% to the budget in order to more realistically forecast expected personnel expenses. AMENDMENT: Clarifying that staff is authorized to hire up to 152.5 positions for all open positions. Seconded by Council Member Rennie.
VOTE: Motion passed 3-2; Council Member Moore and Mayor Ristow voted no.
MOTION: Motion by Council Member Hudes to have staff provide further information on ERAF from comparable cities and our auditor, approve what is in the budget, and not accept the Finance Commission recommendation at this time. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to direct staff to include transparency and the ability to track variants from budget by adjusting schedules C-9, C-10, C-14, and C-26 to show the detail of the salaries and benefits broken out into major categories such as salary, overtime, CalPERS Benefits, all other benefits, and OPEB pay as you go benefits; and that staff shall include this as a separate standalone presentation of the requested information in the budget and redesign the requested table presentation for the FY 2024/25 proposed budget. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to direct staff to include a capital outlay budget that forecasts the annual capital outlay for each funded project over the five-year planning horizon on pages B-5 and B-6 of the Capital Improvement Budget, and make best efforts to incorporate percent complete, Capital Projects timeline, and Gantt chart in the CIP in the future. Seconded by Vice Mayor Badame.
VOTE: Motion passed unanimously.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
MOTION: Motion by Council Member Moore to provide $2,500 to all project-based Town Commissions. Seconded by Council Member Rennie.
Recess 11:10 p.m.
Reconvene 11:14 p.m.
Pulled Consent Items
3. Receive FY 2021/22 Federal Single Audit Report.
Gitta Ungvari, Finance Director presented the item.
Council discussed the matter.
MOTION: Motion by Mayor Ristow to approve Item 3 to receive the FY 2021/22 Federal Single Audit Report. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
4. Authorize the Town Manager to Execute a Use Agreement with Los Gatos United Soccer Club.
Nicolle Burnham, Public Works Director, presented the item.
Council asked questions and discussed the item.
MOTION: Motion by Council Member Moore to approve Item 4 to authorize the Town Manager to execute a Use Agreement with Los Gatos United Soccer Club. Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
5. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2023/24 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017. RESOLUTION 2023-028 Nicolle Burnham, Public Works Director, presented the item.
Council asked questions and discussed the item.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of May 16, 2023 DATE: May 16, 2023
MOTION: Motion by Council Member Moore to approve Item 5 to adopt a resolution to adopt a list of projects for Fiscal Year 2023/24 funded by State Senate Bill 1, the Road Repair and Accountability Act of 2017. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
9. Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for Specified Improvements Completed by SummerHill N40 LLC for the North 40 Phase 1 Development at Lark Avenue and Los Gatos Boulevard and Authorize the Town Clerk to Submit for Recordation.
MOTION: Motion by Mayor Ristow to approve Item 9. Seconded by Council Member Rennie.
Council asked questions and discussed the item.
Mayor Ristow withdrew the motion.
MOTION: Motion by Council Member Hudes to continue the item to June 6, 2023. Seconded by Mayor Ristow.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 11:41 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: Wendy Wood
Town Clerk
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: 2
DATE: May 23, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
RECOMMENDATION:
Ratify the Town Council Selection Committee’s recommended Youth Commissioner appointments.
BACKGROUND:
Since June 2004, Council has appointed students in Grades 8 through 12 as members of the Youth Commission. The Youth Commission fosters and encourages civic and neighborhood pride in Los Gatos youth and builds a sense of identity through knowledge, understanding, and involvement in the Town’s municipal affairs.
The Town used a variety of mechanisms to recruit for the Youth Commission. Commissioners with terms expiring received notification of the recruitment and notices of the upcoming vacancies were posted at Town Hall. Information regarding the recruitment was distributed on the Town’s What’s New email blast, the Town’s social media accounts, and posted on the Town’s website. In addition, the Town also contacted local schools requesting they help promote the Youth Commission opportunities.
DISCUSSION:
The application deadline was April 28, 2023, and the Town received seventeen (17) applications. On May 3, 2023, the Town Council Selection Committee, comprised of Mayor Ristow, Vice Mayor Badame, Chief Field, and Youth Commission Chair Quincy Scott, interviewed fifteen (15) applicants for fifteen (15) available positions. Two of the applicants did not attend the interview and therefore were not considered for appointment.
PAGE 2 OF 2
SUBJECT: Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments
DATE: May 23, 2023
DISCUSSION (continued):
All the applicants demonstrated initiative and community spirit in applying for leadership positions to serve the Los Gatos community, and the Selection Committee’s recommended appointments are listed in Attachment 1. Per the Youth Commission enabling resolution (Attachment 2), appointments for the seven (7) newly appointed Commissioners and the three (3) reappointed Commissioner entering the 12th grade will be for a one (1) year term, and appointments for the five (5) reappointed Commissioners not entering the 12th grade will be for a two (2) year term.
CONCLUSION:
The Town Council Selection Committee recommends that Council appoint members as shown in Attachment 1. The recommendations for appointment are based on composite assessments from the interviews and applications.
FISCAL IMPACT:
The Town-wide Commission training budget is available to provide funds as needed.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Recommended Youth Commissioner Appointments
2. Youth Commission Enabling Resolution 2018-008
RECOMMENDED YOUTH COMMISSIONER APPOINTMENTS
NAME GRADE IN
FALL
NEW OR
REAPPOINTED TERM TERM EXPIRATION
Esha Bagora 12 Reappointed 1 year 6/30/2024
Pravin Balasingam 10 Reappointed 2 years 6/30/2025
Kaedon Chung 11 Reappointed 2 years 6/30/2025
Cody Chen 11 Reappointed 2 years 6/30/2025
Mikaela Hammer-Longosz 12 Reappointed 1 year 6/30/2024
Ryan Idemoto 11 Reappointed 2 years 6/30/2025
Gwyneth Pang 11 Reappointed 2 years 6/30/2025
Aanya Singh 11 Reappointed 2 years 6/30/2025
Saketh Chinnakotla 9 New 1 year 6/30/2024
Yilin Fang 11 New 1 year 6/30/2024
Sophia Krish 10 New 1 year 6/30/2024
Jay Mallugari 11 New 1 year 6/30/2024
Rushil Sharma 11 New 1 year 6/30/2024
Arthur Wang 9 New 1 year 6/30/2024
Lincoln Withrow 12 New 1 year 6/30/2024
ATTACHMENT 1
RESOLUTION 2018 -008
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 2016 -059 AND
ESTABLISHING RULES FOR THE YOUTH COMMISSION
WHEREAS, it is recognized that a youth perspective on issues which pertain to the youth in the community is an important part of decision making in Town; and WHEREAS, there is value in increasing communication between adults and youth; and WHEREAS, there is value in having a mechanism for youth to have a voice in Town affairs and issues relating to youth; and
WHEREAS, the Town Council of the Town of Los Gatos found and determined that the purpose of the Youth Commission is to foster and encourage civic and neighborhood pride and a sense of identity through the knowledge, understanding, and increased involvement of the Town' s youth in the Town' s present and future municipal affairs.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS THAT:
1. There is a need for a Youth Commission to function in the Town of Los Gatos, which would establish a formal body by which the youth of Los Gatos would have a voice in the community.
2. There is hereby established a Youth Commission which shall generally be responsible for studying various problems, activities and other issues of concern to the youth in general, and for advising Council on matters pertaining to issues involving the youth of Los Gatos.
a. Membership /Organization
i. The Youth Commission shall consist of twenty (20) members. The members shall be students who are entering grades 8 through 12.
Membership for the students requires residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.
Members shall serve a term of two (2) years and until their successors are appointed and qualified. Members who are entering grade 12 when appointed and first time appointees shall serve a term of one ( 1) year.
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Resolution 201 8 -008 March 20, 2018
ATTACHMENT 2
iii. The Commission shall appoint one ( 1) primary member and one ( 1) alternate to serve as one voting member on the following Town Boards and Commissions:
1. Arts and Culture Commission
2. Bicycle and Pedestrian Advisory Commission
3. Community and Senior Services Commission
4. Library Board
5. Parks Commission
6. Transportation and Parking Commission
iv. In addition to all Youth Commission meetings, the primary member shall attend all meetings of the Board or Commission they are appointed to. If the primary member is not able to attend the meeting of the Board or Commission they are assigned, it shall be the responsibility of the alternate to attend the meeting. If the primary member misses three (3) meetings of the Board or Commission the Youth Commission shall appoint a new primary member, and if necessary, a new alternate. v. Liaisons shall provide a monthly report to the Youth Commission and be responsible for conveying the Youth Commission' s input to the Board or Commission.
vi. A majority of members shall constitute a quorum for the purpose of transacting business.
vii. Commission members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to the current Council policy.
3. The Commission shall hold a regular meeting at least once each month between September and June. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following.)
4. The Commission shall elect a Chair and Vice - Chair, both of whom shall serve at the pleasure of the Commission. Terms of office shall be for one (1) year and shall begin on the first meeting in September and end the following June.
5. Minutes of the actions taken during its meetings shall be kept and filed with the Town Clerk Administrator.
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Resolution 2018 -008 March 20, 2018 Page 19
6. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
7. The duties of the Commission shall include the following:
a. Foster greater involvement of youth in municipal government affairs. b. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the Town of Los Gatos. c. Hold forums on problems, activities and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations, as the Commission deems desirable.
d. Review municipal matters referred to the Commission by the Town Council or other Town boards, committees, or commissions and, as appropriate, make recommendations on those matters.
BE IT FURTHER RESOLVED that Resolution 2016 -059 is hereby rescinded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20`h day of March, 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 5[.Z( fie
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
3 of 3
Resolution 2018 -008 March 20, 2018 Page 20
PREPARED BY: Janette Judd
Executive Assistant
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: 3
DATE: May 24, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve Town Council Meeting Schedule for the 2023/2024 Fiscal Year RECOMMENDATION:
Staff recommends the Town Council approve the Town Council Meeting Schedule for the 2023/2024 Fiscal Year.
BACKGROUND:
Each year in June, the Town Council adopts the following fiscal year’s Town Council Meeting Schedule, including any cancellations and/or meeting exceptions necessary.
DISCUSSION:
In 2004, the Town Council implemented the cancellation of its July meetings for a Summer recess period. In 2005, Council implemented the cancellation of the first meeting in January each year, primarily due to the light level of staffing with the annual year-end closure.
Additionally, on June 2, 2014, the Town Council approved and amended Los Gatos Town Code Section 2.20.010 changing the regular Council meeting day from Mondays to Tuesdays, effective August 2014.
Lastly, both regularly scheduled Council meetings have historically taken place each December, even if the second meeting falls in close proximity to the holidays. For example, in past years going back to 2009, meetings have taken place on December 20 and 21. Staff recommends the current proposed Council meeting date of December 19, 2023 be approved inclusively with the attached schedule.
PAGE 2 OF 2
SUBJECT: Approve Town Council Meeting Schedule for the 2023/2024 Fiscal Year DATE: May 24, 2023
CONCLUSION:
The attached schedule reflects the January 2024 cancellation referenced above, with remaining dates reflective of the 1st and 3rd Tuesday schedule per Town Code. The attached schedule does not show dates for any potential Council Retreat, Boards/Commissions Interviews, or Special Meetings of the Town Council. In past years, Retreats have generally been held asneeded, and Special Meetings are held throughout the year on an as-needed basis.
Staff recommends that the Town Council approve the proposed regular Town Council Meeting Schedule for the 2023/2024 Fiscal Year.
Attachments:
1. Town Council Meeting Schedule - 2023/2024 Fiscal Year
ATTACHMENT 1
TOWN COUNCIL
MEETING SCHEDULE
2023/2024 FISCAL YEAR
July 4, 2023 Regular Council Meeting CANCELLED
July 18, 2023 Regular Council Meeting CANCELLED
August 1, 2023 Regular Council Meeting
August 15, 2023 Regular Council Meeting
September 5, 2023 Regular Council Meeting
September 19, 2023 Regular Council Meeting
October 3, 2023 Regular Council Meeting
October 17, 2023 Regular Council Meeting
November 7, 2023 Regular Council Meeting
November 21, 2023 Regular Council Meeting
December 5, 2023 Regular Council Meeting
December 19, 2023 Regular Council Meeting
January 2, 2024 Regular Council Meeting CANCELLED
January 16, 2024 Regular Council Meeting
February 6, 2024 Regular Council Meeting
February 20, 2024 Regular Council Meeting
March 5, 2024 Regular Council Meeting
March 19, 2024 Regular Council Meeting
April 2, 2024 Regular Council Meeting
April 16, 2024 Regular Council Meeting
May 7, 2024 Regular Council Meeting
May 21, 2024 Regular Council Meeting (Annual Budget Hearing) June 4, 2024 Regular Council Meeting
June 18, 2024 Regular Council Meeting
All Council Meetings Listed on this Meeting Schedule are Regular Meetings as Defined in Municipal Code Section 2.20.010 (Government Code Section 54954)
PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
Reviewed by: Town Manager, , Town Attorney, Finance Director, and Parks and Public Works 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: 4
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to Install a Battery Storage System at the Library (CIP 821-2502) to Extend the Term and Time of Performance through June 30, 2024.
RECOMMENDATION:
Authorize the Town Manager to execute a first amendment (Attachment 1) to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a design-build-project to install a battery storage system at the Library (CIP 821-2502) to extend the term and time of performance through June 30, 2024.
BACKGROUND:
In the Fiscal Year (FY) 2020/21-2024/25 Capital Improvement Program, funding was designated for a Library Battery Storage Project (CIP 821-2512). Parks and Public Works staff issues a Request for Proposals and a Consultant Services Agreement (Attachment 2) was executed on December 7, 2021 with an end date of June 30, 2023.
DISCUSSION:
Staff and the contractor have been working to execute the project but due to extended plan review time with Santa Clara County Fire and delays in the manufacturing and delivery of equipment, work has not been completed. This extension of time is needed for installation and completion of project.
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a First Amendment to a Consultant Services Agreement with AMS Electric LLC dba Prime Electric LLC for a Design-Build Project to Install a Battery Storage System at the Library to Extending the Term and Time of Performance through June 30, 2024.
DATE: May 22, 2023
CONCLUSION:
Authorize the Town Manager to execute a first amendment to Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a design-build project to install a battery storage system at the Library (CIP 821-2502) to extend the term and time of performance through June 30, 2024. This will enable the Town to utilize the two grants in place for this project.
FISCAL IMPACT:
No change to the compensation of this project is proposed and adequate funding exists to complete the work.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15378(b)(5), approval of this amendment is not a project subject to CEQA because it is an administrative activity that will not impact the environment.
Attachments:
1. First Amendment
2. Agreement for Consultant Services
Budget Costs
GFAR $ 30,000
State OES Community Power Resiliency Grant $ 300,000
Silicon Valley Clean Enegery Grant $ 213,000
Total Budget $ 543,000
Consultant Services with AMS Electric LLC, dba Prime
Electric LLC $ 513,000
Misc. Project Costs $ 3,865
Total Costs $ 516,865
Remaining Balance $ 26,135
CIP No. 821-2505
AMS Electric LLC, dba Prime Electric LLC – First Amendment to Agreement for Consultant Services
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 6
th day of June 2023 and amends that certain Agreement for Consultant Services dated December 7, 2021, made by and between the Town of Los Gatos, ("Town,") and AMS Electric LLC, dba Prime Electric LLC (Consultant”) identified as a Partnership and whose address is 1941 Ringwood Avenue Suite 140, San Jose, CA 95131.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services for a DesignBuild of Battery Power Supply at the Library on December 7, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to extend the end date of the term and add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from December 7, 2021 to June 30, 2024.
2. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm 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.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
AMS Electric LLC, dba Prime Electric LLC – First Amendment to Agreement for Consultant Services IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Brandon Elliot,
Group Executive, Shareholder
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 7
th day of December 2021 by and between
TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and AMS Electric LLC dba Prime Electric LLC, whose address is 1941 Ringwood Ave. Suite 140, San Jose, CA, 95131. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desires to engage Consultant to provide Design-Build services for development of plans and construct a Battery Electrical storage system at the Library.
1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on December 1, 2021, which is hereby incorporated by reference and attached as Exhibit A and B.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution to June 30, 2023.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893 ATTACHMENT 2
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed $513,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant'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 Consultant'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.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, 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. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4.1 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 a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
AMS Electric LLC dba Prime Electric LLC
1941 Ringwood Ave.
San Jose, CA, 95131
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings 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.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
Agreement for Consultant Services
AMS Electric LLC dba Prime Electric LLC
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
AMS Electric LLC dba Prime Electric LLC, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893 2/7/2022
Brandon Elliott, Group Executive, Shareholder
2/8/2022
2/11/2022
2/14/2022
2/14/2022
Town of Los Gatos
Battery Energy
Storage System
ELECTRICAL RFP
OCTOBER 22, 2021
Town of Los Gatos Battery Energy Storage System ELECTRICAL RFP LETTER OF INTEREST Page 2 Letter of Interest
Dear Matt:
PRIME Electric is pleased to submit our Electrical Proposal for the Town of Los Gatos Battery Energy Storage System project.
Our project experience with Design-Build and preconstruction services will bring tremendous value to the Town of Los Gatos team.
Our recent project experience (demonstrated herein) shows our ability to successfully turn over this project. We are comfortable with the Design-Build delivery model for this project and have selected a team that best fits the needs of the Town of Los Gatos Battery Energy Storage System project.
We understand that this project will be highly collaborative. PRIME will bring our lean and innovative practices, lessons learned from successes and challenges in the marketplace, and our strong and collaborative field team consisting of wireman and supervisors.
Additionally, the identified RFP project fundamentals are also core principles at PRIME:
• Proactive approach to preconstruction cost control and project planning • Willingness to listen and provide project and design advice to the team • Proven ability to deliver based on project needs
• Customer service focus
• Commitment to safety and quality control
• Commitment to planning and using Lean Planning principles (i.e. Pull Planning) We are excited about the opportunity to work on this project; the outlined delivery model encompasses all of our best attributes.
Performance based criteria and accountability metrics are welcomed by PRIME.
We are committed to adding value to this project. In order to accomplish this, PRIME will be a proactive team member that brings ideas to the table and focuses on solutions rather than problems. PRIME has the organizational depth and resources to assure total control and optimization of cost, quality, and schedule to positively impact the project.
Our project team will assist in developing the best overall solutions for the benefit of the entire project, not just our trade. We believe that the success of the project is best measured as a whole rather than by individual disciplines.
We look forward to demonstrating our ability to accomplish these goals. Thank you for the opportunity to provide this proposal response. We look forward to any questions or feedback.
Best Regards,
Jonathan Graves
PROJECT EXECUTIVE
October 22, 2021
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
ATTN: Matt Morley
RE: Town of Los Gatos Battery Energy Storage System
Request for Proposal: Electrical
Town of Los Gatos Battery Energy Storage System ELECTRICAL RFP TEAM Page 3 Meet Your Team
Danny Thomas
CHIEF OPERATING OFFICER
Mike Sanjurjo
EXECUTIVE DIRECTOR
OF SALES
Brandon Elliott
GROUP EXECUTIVE
Anthony Pinon
SERVICE & SPECIAL
PROJECTS MANAGER
Jonathan Graves
PROJECT EXECUTIVE
1941 Ringwood Ave, San Jose, CA 95131 • (925) 961-1600 • Fax: (925) 961-1620 • www.primeelectric.com 10/22/2021
Town of Los Gatos
Parks and Public Works
41 Miles Avenue
Los Gatos, CA 95030
Attention: Matt Morley
Reference: Town of Los Gatos – Energy System
Prime Reference #: 21-228
Dear Matt,
Prime Electric is pleased to present this proposal for the electrical work required for the Project Town of Los Gatos – Energy System. This proposal is based on the provided drawings dated 3/15/10 and the scope discussed and detailed below.
Scope of work:
1. Provide Design Engineering and drawings for permitting.
2. Provide excavation and patch back for all underground requirements.
3. Install 125-kilowatt ELM Microgrid Battery Storage System. a. See attached for cutsheet and details.
4. Provide start up, commissioning, and training for new Microgrid Battery Storage system.
Clarifications:
A. All work shall be completed during normal business hours (7:00am to 4:00pm).
B. All work shall be installed in compliance with the applicable specifications and all applicable codes.
C. We have based our proposal on having unrestricted access to all work areas.
D. We have assumed that the electrical panels have the space and capacity to accommodate the electrical requirements for this installation.
* NOTE: Commodities such as wire and conduit cost can fluctuate daily, and equipment pricing generally adjusts quarterly. Significant price increases will result in a request for adjustment of contract price
E. We have not included the following:
1. Overtime.
2. Cut, patch and paint of existing finishes.
3. Replacement of ceiling tiles.
4. Provisions for and installation of temporary power and lighting.
1941 Ringwood Ave, San Jose, CA 95131 • (925) 961-1600 • Fax: (925) 961-1620 • www.primeelectric.com
5. Provisions for and installation of access panels.
6. Provision for a performance and payment bond.
The total cost to complete this work is $498,470.00
Thank you for allowing Prime Electric to present this proposal for your review and consideration. This proposal is valid for sixty (60) days. Should you have any questions and/or comments, please feel free to contact me at (925) 961-1600.
Sincerely,
Jonathan Graves
Jonathan Graves
Project Executive
Prime Electric
Approval Signature: _______________________________________Date: ________________
Solar Technologies
705 N Branciforte Ave
Santa Cruz, CA 95062
CSLB LIC#: 932914
C-10 / C-46
CA LIC 932914 (C10/C46) | Santa Cruz, CA | San Ramon, CA | 831.359.4348 | solartechnologies.com Prime Electric - Town of Los Gatos
- Battery Energy Storage System Bid Submittal -
BID DATE: 10.19.2021
SITE: 100 Villa Ave, Los Gatos, CA 95030
PRIMARY BID: 125 kW / 330 kWh ELM BATTERY ENERGY STORAGE SYSTEM
GRAND TOTAL PRICE: $ 349,000 PRICE PER KWH: $1,057
BATTERY ENERGY STORAGE SYSTEM (BESS)
Solar Technologies will design and furnish a 125-kilowatt ELM Microgrid Battery Storage system to provide 100% backup power during grid outage. The ELM Microgrid ESS has been engineered to form a microgrid, and can perform demand response, Time of Use, and self-consumption. The microgrid system integrates an EPC bi-directional inverter (PCS), Kore’s UL 9540a lithium-ion battery, ELM Fieldsight energy management software and an energy meter which measures your facility’s energy consumption and deploys energy as needed. All of these components are bundled in a pre-engineered NEMA 3R enclosure which includes thermal management.
The system will be designed with a charging or discharging power of 125 KW and an energy storage capacity of 330 kWh. The energy storage capacity is capable of future expansion up to 440 kWh.
The system will include a free standing NEMA 3R battery cabinet inclusive of battery modules, battery racks, integral controls, and fire suppression system. During times the grid is functioning, the system will provide self-consumption, energy arbitrage and demand charge management peak shaving functionality.
Solar Technologies will design, engineer, permit and provide a battery energy storage system described below. ELM will provide battery system commissioning assistance.
All remaining scope of equipment and labor to be provided by others. • ELM Microgrid Battery Storage 125 kW / 330 kWh
• Systems contain the following:
o 3x 110kWh Kore battery racks and BPU pre-installed
o Kore BMS
o EPC 125 kW PCS
o ELM Microgrid controller
o ELM Microgrid Switchgear package
CA LIC 932914 (C10/C46) | Santa Cruz, CA | San Ramon, CA | 831.359.4348 | solartechnologies.com o Internal A/C bus for solar, generator, & microgrid loads o 5 Year ELM Monitoring
o 5 Years OEM Warranty
o 24 Volt DC power supply and UPS
o HVAC/heater (thermal management of batteries)
o NEMA 3R main enclosure
o Junction panel with termination blocks
o Wattnode energy meter
o ELM will provide Annual Report on System Functionality
SYSTEM OPERATION
ELM’s Energy storage system can be used in 4 key storage applications for commercial battery systems:
Forms a Microgrid: The system will form a microgrid either for the lifetime of the system or intermittently upon grid failure. Included in the standard microgrid system is a battery, inverter, internal UPS used for system controls, wiring box, grid relay and contactor.
Demand Response: Energy Storage system is used to offset a facilities demand charges by reducing the demand to the local utility by deploying energy from the battery during preset peak demand times
Time of Use Shifting (TOU): This system will store less expensive off-peak energy into the battery and then deploys that energy from the battery during more expensive peak rate times.
Self-Consumption: In markets that do not allow net metering your battery system can store excess PV generation thus preventing the system from back-feeding PV power to the grid.
System Overview & Functionality:
This system will have full Microgrid functionality as well as additional functionality that may be used to add capabilities and decrease electricity costs. Depending on how much electricity is being used, the system will provide power for at least 2 hours and could run infinitely with solar input. An onsite generator could also be used for onsite power. The preferred scenario would be that the generator would only need to be used in rare circumstances during times of especially low solar production (e.g. a large winter storm in January) Below is a typical system of operations.
Sequence of Operations
The two main operational modes are Island (backup) and Grid Tied.
1.1 Island Mode (SOO2/SOO3)
In this mode, the Microgrid will operate as an island isolated from the utility grid. The goal in this mode is to maximize the use of available battery and PV and minimize the use of the generator. In this mode, there are two operational modes and three sub modes:
CA LIC 932914 (C10/C46) | Santa Cruz, CA | San Ramon, CA | 831.359.4348 | solartechnologies.com • Genset ON (SOO2): When the combined maximum output of the PV array and battery (a minimum SOC threshold for the battery has been reached) is insufficient to support the loads, the site controller should turn ON the genset incorporating a seamless transition. While the genset is ON, the storage inverter will be utilized to support the load and charge the battery in current source mode. The generator will be operating in a constant power mode while charging the batteries with excess power generation. PV will be utilized if available. • Genset OFF (SOO3): While there is sufficient PV generation and battery capacity available, the generator will remain off and the storage inverter will form the grid and act as the Microgrid master. The PV inverters will sense the AC voltage on their terminals and follow the storage inverter.
1.2 Grid Tied Mode (SOO6/SOO5)
In this mode, the Microgrid will operate in parallel with the utility grid. The goal is to maximize the local consumption of the PV generation and battery while keeping the batteries charged to prepare for an outage. If there is sufficient PV generation, the solar array will power the loads on site. If the load is fully met, PV will prioritize charging the battery bank until the battery state-of-charge (SOC) reaches 100%. If the PV generation exceeds the amount of power the battery can absorb (either due to high SOC or charge power limitations), the Microgrid can either export excess PV generation to the utility grid if allowed or curtail excess PV to prevent from exporting PV power to the grid. The microgrid will never export any battery power to the grid.
• Peak Shaving (SOO6): The Microgrid can be enabled to use PV and the battery up to a specific SOC threshold (configurable) to minimize grid import power by setting a load threshold the user wants to keep the grid power below.
• Demand Response (SOO6): The Microgrid can be enabled to use PV and the battery up to a specific SOC threshold (configurable) to minimize grid import power only during certain times by setting a load threshold the user wants to keep the grid power below.
We will provide equipment cutsheets, shop drawings, factory test reports, wiring diagrams, commissioning reports, as-builts and O&M Data as specified.
CA LIC 932914 (C10/C46) | Santa Cruz, CA | San Ramon, CA | 831.359.4348 | solartechnologies.com
PROPOSAL ASSUMPTIONS, CLARIFICATIONS AND EXCLUSIONS
- Building permit fee and PG&E interconnection applications are excluded, to be passed through at direct cost without markup; we will request an estimate from AHJ prior to execution of contracts.
- New concrete pad with steel bollards for protection of energy storage enclosure to be provided by others.
- Site preparation, including grading, soil stabilization, removal of landscaping and final grading is excluded and to be performed by others if needed.
- Microgrid control system programming & commissioning is excluded. - Microgrid metering, relays, critical load panels and other related infrastructure and labor is excluded.
- Proposal assumes the existing Solar PV source circuit can be re-routed to energy storage system bussing.
- Proposal assumes as-built plan sets, C-ALTA, Geotechnical and Title Reports provided by Customer are sufficient for system engineering and permitting approval requirements.
Additional studies or engineering reports will be charged in addition to proposal if required. - On-site construction and labor services are excluded from our quote, prevailing wages would not apply.
- Repairs or upgrades to the property not described within this Proposal which are otherwise required or discovered during the project. This can include existing electrical equipment, structural improvements, roof system repairs, etc.
- Utility company interconnection requirements such as NGOM meters or upgrades to Utility company infrastructure or mitigation work required through the utility interconnection application are excluded.
- Any extraordinary engineering, approvals, discretionary reviews, special certification or testing would be charged in addition to this Proposal.
- Costs incurred because of property access restrictions during normal working hours or Buyer’s non-standard work hour requirements are excluded.
- Painting or any other "decorative work" on the System is excluded. - Bid, Price or Performance Bonding is excluded.
- Fire safety and sprinkler systems are excluded.
- Security personnel excluded, securing equipment is the responsibility of Customer upon delivery and installation.
- Repair of damaged underground utilities, power, plumbing or irrigation lines if not provided with plans specifying their location is excluded.
- Remobilization after start of construction is excluded. - Any work not originally included within this Agreement or specified as an inclusion within this Addendum A will be charged in addition to this Agreement at a labor rate of $105 per hour and costs plus 15%.
*Price is good for 30 days*
CA LIC 932914 (C10/C46) | Santa Cruz, CA | San Ramon, CA | 831.359.4348 | solartechnologies.com
SOLAR TECHNOLOGIES CORPORATE QUALIFICATIONS
STE Electric DBA Solar Technologies was founded in 1998. We are a privately held, full design/build, C10/C-46 licensed contractor with 85+ employees and offices in San Ramon, Campbell and Santa Cruz, California. We focus on grid-tied, behind-the-meter PV solar, energy storage and EV charging station projects for commercial, municipal, non-profit and residential customers.
Over the past 20+ years we have established ourselves as one of the most accomplished and skilled solar design and installation companies in the business by providing customers with the best equipment, people and service at a competitive price. We are ranked among the top 25 commercial solar developers in California and were recognized in 2019 as SunPower’s National Dealer of the Year and three times as SunPower Regional Commercial Dealer of the Year.
CALIFORNIA STATE LICENSE BOARD:
License #: 932914
License Type: C-10 Electrical / C-46 Solar
Expiration: 05/31/2023
DIR Public Works Registration #: PW-LR-1000460402
INSURANCE:
Broker Name: Wise Insurance Agency, Inc.
Broker Contact: 415.258.9912
Certificate of Insurance: Provided Upon Request
Commercial GL: $1,000,000 per occurrence, $2,000,000 general aggregate covering bodily injury, property damage liability, operations and contractual liability.
Commercial Auto: $1,000,000 per occurrence covering bodily injury and property damage liability.
Umbrella/Excess Liability: $4,000,000 per occurrence and $4,000,000 general aggregate in excess liability coverage provided by GL and Auto.
Workers Compensation: $1,000,000 for bodily injury as required by law.
Solar Generation
Distributed Battery
Storage
Diesel, Propane &
Nat Gas Generators
CHP Systems
Grid Power
The Switch Advantage
Turnkey Solution
Indoor and Outdoor
Enclosure Options
Climate Control
Fire Suppression Options
Microgrid Installation
and O&M Guides
MICROGRID 125kW PACKAGE
Managed Assets Communications & Control
4G LTE Cellular
Ethernet and Wifi
Building Management
Generator Start and Stop
Optimal Power Forecasting
Power Reliability Alerts
Isochronous Generation
Control
Turnkey Solution
FactoryAssembled
Pre-Engineered
Pre-Wired
Pre-Installed Safety
Labels
Pre-Tested
The ELM Microgrid Turnkey Package is shipped as a
self-contained unit and can be installed outdoors or indoors.
c 650.793.2889| w www.switchstorage.com | e [email protected] ©2021 Switch Storage Solutions: All products, product specifications and data are subject to change withoutnotice. 04/21 Rev. 002
Microgrid 125 TECHNICAL SPECIFICATIONS
For higher power or storage requirements multiple systems can be paralleled and additional energy storage containers can be added.
Please contact Switch Storage for more details.
Equipment Specifications
External Dimensions
(L x W x H)
60" x 36" x 104"
Weight 6100 lbs. (220kWh)
Lifting Provisions Fork Lift Slots
Paint Tested 1000 Salt Hour Spray
Fire Suppression Options
Temperature Range -20°C to 50°C
Control Software
ELM Autonomous Microgrid Site Control System
Access & Alerts on Desktop & Mobile 24/7
Asset Monitoring System Level & Individual
Individual Microgrid Component Pages
Local HMI IP 65 Touchscreen
Communications: WiFi, Ethernet, Cellular
Functionality
Key System Components
NEMA 3R Enclosure
Bi Directional Storage Inverter
DC Disconnect - (Battery)
AC Disconnect (Inverter)
Climate Controls
Certifications
Batteries UL 1973, UL 9540A
Inverter UL 1741 SA, IEEE 1547
Electrical Specifications
Single Phase Operation
AC Voltage 480 VAC
AC Input/Output Current 150 A
Max AC Output (discharge) 125kW
Max AC Input (charge) 125kW
Battery Capacity Range 110kWh – 910kWh
AC Frequency (field settable) 60 Hz
Max AC Overcurrent
Protection
180 A
Peak Efficiency 98.5%
Power Factor 0 -1.0 Leading or
Lagging
Hybrid - 3M Novec
System UL 9540
Transfer to and from Islanded Mode
Upon detecting a grid disturbance, the
system disconnects the Microgrid from the
grid and seamlessly transitions critical/
resiliency loads to Microgrid Islanded mode.
While in Microgrid Islanded mode, the
system manages solar, wind and generator
assets in order to efficiently support the
resiliency loads.
Islanded MicroGrid Off-Grid Applications
Grid Tied MicroGrid
Distributed Generation Time of Use Operation
AI Machine Learning
Demand Charge Mgmt.
Peak Shaving
Self-Consumption
Demand Response
EXHIBIT B
Los Gatos Library Battery for Electrical Storage Project The Los Gatos Library is currently equipped with a 40kw solar photovoltaic system and is an ideal site for community energy resilience project. The scope of work for this project includes an evaluation of the existing solar photovoltaic (PV) system, the design of a battery electrical storage system, assembly of specified equipment and connection to the electrical and solar PV systems in the building. The Town of Los Gatos plans on using SVCE grant funding to pay for the consultant portion of the project, which will include the evaluation of existing equipment and design of a battery storage system including battery equipment location. The construction of the battery system will allow for future expansion of the system. The battery in conjunction with the electrical system will be set up to provide backup power to a designated area in the Library which will accommodate patrons with lighting, backup power for electronic device charging and minimal air conditioning to meet the needs of a Community Resource Center.
Los Gatos Library - Battery Storage Project
Consultant Design Fee Cal OES Grant $200,000
Solar PV System Evaluation Cal OES Grant $9,419
Equipment and construction SVCE Grant $213,842
Final site construction and
tracking implementation
Cal OES Grant $84,628
Contingency amount –
Los Gatos GFAR = $30,000
Total project cost $507,889
PREPARED BY: Jim Harbin
Parks and Public Works Superintendent
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works 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: 5
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement with Pacific Water Art for Fountain Maintenance and Repair Services, Extending the Term to June 30, 2024, and to Add to the Compensation $46,495 for a Total Agreement Amount Not to Exceed $253,505
RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment to the Agreement with Pacific Water Art for fountain maintenance and repair services (Attachment 1), extending the term to June 30, 2024, and to add to the compensation $46,495 for a total Agreement amount not to exceed $253,505.
BACKGROUND:
The Town of Los Gatos has used contract services for the maintenance and repair of the interactive fountain located in Plaza Park for the past 22 years and the Civic Center fountain for the past five years. Staff reviews these maintenance contracts regularly to ensure that the services provided are being performed satisfactorily, are competitively priced, and continue to meet the Town's expectations and contract terms.
Pacific Water Art built the Plaza Fountain 22 years ago as part of a Town Plaza Capital Improvement Project, along with providing ongoing maintenance and repair services. In 2018 the Town issued a Request for Proposals and subsequently entered into an agreement with Pacific Water Art to provide maintenance services for both of these assets following a competitive bidding process (Attachment 2).
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement with Pacific Water Art for Fountain Maintenance and Repair Services, Extending the Term to June 30, 2024, and to Add to the Compensation $46,495 for a Total Agreement Amount not to Exceed $253,505.
DATE: May 22, 2023
DISCUSSION:
Pacific Water Art, Inc. is the best qualified vendor to provide the requested services. The extension of the Agreement term would allow for continuity of service and maximizes savings by engaging the vendor for another year. The contract language provides for cancellation should the need arise during the contract term and ties the work to the budget appropriated by the Town Council annually. To accommodate the potential impacts of inflation on the service, the contract allows for annual increases based on the Consumer Price Index (CPI).
The current fountain maintenance and repair contract with Pacific Water Art will expire on June 30, 2023. Due to the extreme storms experienced this year and the damage to the many trees, streets, and sidewalks still outstanding, resources have been shifted to prioritize those efforts and a new Request for Proposals for the fountain maintenance and repair was not able to be issued. As such, staff is requesting the time extension and additional budget required to continue operation of the fountains for one additional year.
CONCLUSION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Services with Pacific Water Art to provide services for fountain maintenance and repair services, extending the term to June 30, 2024, and to add to the compensation $46,495 for a total agreement amount not to exceed $253,505.
FISCAL IMPACT:
The Proposed FY 2023/24 Operating Budget includes sufficient funding for these services.
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no further action is required.
Attachments:
1. First Amendment to Agreement for Services with Pacific Water Art
2. Original Agreement for Services with Pacific Water Art
1 of 2
Pacific Water Art – First Amendment to Agreement for Services
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 6 th
day of June 2023 and amends that certain AGREEMENT FOR SERVICES dated July 1, 2018, made by and between the Town of Los Gatos, ("Town,") and the Pacific Water Art (“Service Provider”) identified as an S Corporation and whose address is 330 Matthew Street, Santa Clara, CA 95050.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on July 1, 2018 (“Agreement”), copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Services to extend the term, add to the compensation and add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from July 1, 2018 to June 30, 2024.
2. Section 2.6 Compensation is amended to read as follows:
Compensation for July 1, 2023 through June 30, 2024:
Routine maintenance and repair services shall not exceed $19,870. Unforeseen repairs to interactive fountain components shall not exceed $26,625, for a total amount of $46,495.
Payment shall be based upon Town approval of each task.
The total agreement amount for years 1-6 shall not exceed $253,505, inclusive of all costs.
3. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm 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.
4. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
2 of 2
Pacific Water Art – First Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By:______________________________ Laurel Prevetti, Town Manager Name and Title
Department Approval:
_______________________________________
Nicolle Burnham
Parks and Public Works Director
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
AGR g. 153
IHH
Agreement for Services
THIS AGREEMENT is dated for identification this 151 of July 2018 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and Pacific Water Art, Inc., Service Provider "), whose address is 1244 Birchwood Drive, Sunnyvale, CA 94089. This Agreement is made with reference to the following facts.
I. RECITALS
1. 1 The Town desires to engage Service Provider to provide fountain maintenance and repair services.
1. 2 The Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1. 3 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2. 1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 25, 2018, which is hereby incorporated by reference and attached as Exhibit A.
2. 2 Term and Time of Performance. The effective date of this Agreement shall begin on July 1, 2018 and will continue through June 30, 2023, subject to appropriation of funds, notwithstanding any other provision in this agreement.
2. 3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2. 4
Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2. 5
Information / Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of services or at the Town' s written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant Pagel orb
Agreement for Services - Pacific Water An
July 1, 2018 - June 30. 2023
to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town' s use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town' s risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2. 6 Compensation.
Compensation for routine maintenance and repairs services for the first year:
o Shall not exceed $ 15, 777. Payment shall be based upon Town approval of each task.
Compensation for unforeseen repairs to interactive fountain components:
o Shall not exceed $ 25, 625 annually. Payment shall be based upon Town approval of each task.
Compensation for routine maintenance and repairs services for years two through five:
o Shall be adjusted upward annually for the remaining term of this Agreement by the change, if any, in the San Francisco — Oakland — San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items ( CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. o If the CPI indicates a downward adjustment, compensation would remain at the base amount.
2. 7 Failure to Perform. It is mutually agreed by SERVICE PROVIDER and TOWN that in the event that performance of the work by SERVICE PROVIDER under this Agreement is not completed as scheduled, TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($ 100.00) per location per scheduled service in liquidated damages for every missed service beyond three missed services in a month in addition to reducing the monthly payment by the cost of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to SERVICE PROVIDER under this Agreement.
2. 8 Schedule. Service Provider shall provide a schedule to the Town prior to beginning work.
The schedule shall identify dates of service for each location. Schedule changes shall be approved by the Town with 24 -hour notice. Each missed location shall be considered a failure to perform, unless the contractor provides advance notice of schedule change.
Agreement for Services — Pacific Wa[ er An
July I, 2018 -June 30, 2023
2. 9 Billing. Billing shall be monthly by invoice within thirty ( 30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Town of Los Gatos
Attn: Accounts Payable
P. O. Box 655
Los Gatos, CA 95031 -0655
2. 10 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
2. 11 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2. 12 Independent Service Provider. It is understood thatthe Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent Service Provider and not an agent or employee of the Town. As an independent Service Provider he / she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider' s negligent performance or wrongdoing.
2. 13 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town' s sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take
Agreement for services — Pacific Water Art
July I, 2018 -June 30, 2023
reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.
2. 14 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subService Providers do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him / her and his /her firm to an amount not less than: one million dollars ($ 1, 000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agreesto have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him /her and his /her staff to an amount not less than one million dollars ($ 1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf ofthe Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any
Agreement for services— Pacific Water Art
July 1, 2018 - June 30, 2023
insurance or self- insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider'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 Service Provider' 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.
3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, 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. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3. 3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subService Providers employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3. 4
Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider' s officers, employees, or agents or any subService Provider.
IV. GENERALTERMS
4. 1 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 a subsequent breach of the same or any other provision of this Agreement.
4. 2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
Agreement for services — Pacific Water Art
July 1, 2018 - June 30, 2023
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4. 4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4. 5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, including costs of appeal.
4. 6 Prevailing Wages. In accordance with the provisions of Sections 1770 et sea., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. Service Provider will be required to pay to all persons employed on the project by the Service Provider sums not less than the sums set forth in the documents entitled " General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773. 1." These documents may be obtained from the State of California.
Pursuant to Labor Code section 1725. 5, no Service Provider or subService Provider may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and / or the Town of Los Gatos.
The Service Provider is required to post notices on Public Works requirements.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Agreement for services — Pacific Water Art
July 1, 2018 -June 30, 2023
Pacific Water Art, Inc.
1244 Birchwood Drive
Sunnyvale, CA 94089
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4. 8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4. 9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings 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.
Agreement for services — Pacific Water Art
July 1, 2018 - June 30, 2023
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment, Town of Los Gatos:
Y' r ' s14 hZ
Laurel Prevetti, Town Manager
Department Approval:
tt Orley
Director of Parks and Public Works
Approved as to Form:
lbertgScbultz, orney
Pa c8
gmeittem for Servte, — Pacff< W stet An
of
July 1, ? BI S - 7u, w 30, 2lY13
Pacific Water Art, Inc.:
By
Name
Title t
Attest:
Shelley Neis, Clv
Clerk Administrator
ATTACHMENT D
BID PRICE SHEET
For all services described below, unless excluded by the Town in description of services below, the Town shall consider trait prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Bidder to perform such service, No qualifications, exemptions, or alterations of services described below Will be allowed. Failure to comply will result in disqualification of bid.
A. MAINTENANCETOWNPLAZA
EXHIBIT A
DESCRIPTION, WITH UNIT UNIT ESTIMATED EXTENDED PRICE
PRICE IN WORDS. ( PRICE IS PRICE HOURS
INCLUSIVE OF ALL
APPLICABLE TAXES AND
FEES
1 Each site visit, perform a water
chemistry test and record results. Mo.
3 225. 00
2. Verify, water in reservoir is correct. Mo. 25 18. 75 Inspect all mecbamcal equipment,
3 verify equipment functionality, and
report any equipment abnormalities
Mo. 2 150. 00
to Town staff. _
Inspect pump motors and verify
4 pressures and vacuum gauges are Mo.
within manufacturers prescribed
1 75. 00
limits.
Inspect water treatment systems,
5. check levels of chemicals in tanks. Mo. 1 75. 00
Refill tanks as r uired,
Verify pH levels of water per each
6. site visit. Adjust Ph levels as Mo. 1 75. 00
re uired
7. Clean pump strainer baskets to
remove accumulated debris. Mo 2 150. 00
S
Inspect and wash/ clean cartridge
filters. Mo. 2 150. 00
9 Inspect pumps for obstructions.
Clean as required. Mo. 5 37. 50
t 0. Inspect and clean vault hatch gutter
as required. Mo. 5 37. 50
H. Inspect and clean sensor probes every
six months
Mo. 08 6. 00
12 Inspect and grease electric motors
eve six months. Mo. 5 37. 50
Take amperage reading of all electric
13. motors on a quarterly basis to ensure Mo. 5 37. 50
peak performance.
SUB -TOTAL — GENERAL
SERVICES 14. 33 1, 074. 50
A. Total Monthly Cost 14. 33 1. 074. 50
A MAINTENANCE CIVIC CENTER FOUNTAIN
C. OTHER COST
b oth ftns)
15, 777. 00/ yr ( both ftns)
DESCRIPTION, WITH UNIT
PRICE IN WORDS. ( PRICE IS
UNIT ESTIMATED EXTENDED PRICE
1. INCLUSIVE OF ALL PRICE HOURS
2, 500. 00
2. APPLICABLE TAXES AND
3 1, 500. 00
3. FEES
LS 4 850. 00
1' Each site visit, perform a water
Ls
Ls.
6 _-
1 3, 900. 00
875. 00
6. chemist test and record results. Mo.
1. 2 90. 00
2 Verify water level in fountain -is
Ls. 32 4, 000. 00
correct. Fill fountain as required Mo'
25 18. 75
C.
Inspect alt mechanical equipment,
94_ 25, 625 00
3 verify equipment functionality, and
report any equipment abnormalities Mo. 25 18. 75
to Towm staff.
4. Inspect circulation pump motor. Mo. 1. 0 75. 00
Verify pH Ievels of water per each
5. site visit. Adjust Ph levels as Mo. 5 37. 50
re uired.
6 Clean pump strainer baskets to
e accumulated debris, Mo. N/ A
7. ct pump for obstructions. Clean
uired. Mo. N/ A
ct and grease electric motor
six months. Mo. N/ A
amperage reading of all electric
on a quarterly basis to ensure r(A+B)
Mo. N/ A
Reek performance.
OTAL — OF1''ERAL
ICES 3. 20 240. 00
Monthly'Cost 3. 20 240. 00 / mth
lTotal( A +B) mthly tota
i. r
17. 53 1, 314. 75 / mth t„ e
i
C. OTHER COST
b oth ftns)
15, 777. 00/ yr ( both ftns)
Other cost as defined. Includes all labor,
equipment, tool parts and disposal _
UNIT
PRICE
ESTINLITED
HOURS
EXTENDED PRICE
1. Clean water fountain spray jets as needed Ls. 32 2, 500. 00
2. Refill chemical tanks
3 1, 500. 00
3. Replace cartridge filters LS 4 850. 00
4. 5.
Replace UV lamps
Replace pH and ORP probes _
Ls
Ls.
6 _-
1 3, 900. 00
875. 00
6. Replace electric pump motors Ls. 16 12, 000. 00
7. Civic Center, descale caieiutn buildup on fountain _ surfaces. _ Ls. 32 4, 000. 00
SUBTOTAL - OTHER COST
94 25, 625. 00
C. Total Cost
94_ 25, 625 00
N8. Page 62 22. 02
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works 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: 6
DATE: May 12, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services to Include:
a. An Increase to the Contract Amount for Fiscal Year 2022/23 in the Amount of $53,381, for a Fiscal Year Amount of $238,381 and a Total Agreement Amount Not to Exceed $953,948; and
b. An Expenditure Budget Adjustment in the Amount of $53,381 from Available Capital/Special Project Reserve.
RECOMMENDATION:
Authorize the Town Manager to execute a third amendment (Attachment 1) to the Agreement for Services with St. Francis Electric, Inc. for traffic signal and streetlight maintenance and underground service alert (USA) locating to include:
a. An increase to the contract amount for Fiscal Year (FY) 2022/23 in the amount of $53,381, for a fiscal year amount of $238,381 and a total agreement amount not to exceed $953,948; and
b. An expenditure budget adjustment in the amount of $53,381 from available Capital/Special Project Reserve.
BACKGROUND:
The Town of Los Gatos utilizes contractual services for the routine maintenance of traffic signals and streetlights, the repair of traffic signals and streetlights, and underground utility locating services relating the electric services within the Town’s jurisdiction. Traffic signal and streetlight contractual services include repairs on an as-needed basis, periodic inspections, testing of the equipment, and lamp replacements. Underground utility locating services involve
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services DATE: May 12, 2023
BACKGROUND (continued):
responding to Underground Service Alert (USA) requests to identify and mark the Town’s underground infrastructure at construction sites prior to any digging operations.
Staff has determined that contractual services are the most cost-effective delivery method due to technical expertise and specialty equipment required for this work.
On September 15, 2020, the Town Council authorized the execution of a five-year Agreement for Services (FY 2020/21 through FY 2024/25) with St. Francis Electric, Inc. (Exhibit A) to provide traffic signal and streetlight repair and maintenance and USA locating services for a total agreement amount not to exceed $675,000 ($135,000 per year).
On August 3, 2021, the Town Council authorized a first amendment to the Agreement (Exhibit A) for an increase of $8,567 for FY 2020/21 to cover the cost overage from a high number of USA requests received for various development and Town capital improvement projects for a total agreement amount not to exceed $683,567.
On March 15, 2022, the Town Council authorized a second amendment to the Agreement (Exhibit A) for: a) an increase of $67,000 for FY 2021/22 to cover cost overages for routine and response maintenance and USA requests; and b) an increase of $50,000 per year to the base compensation of the agreement ($150,000 total) for remaining three fiscal years. This resulted in a total agreement amount of $900,567.
DISCUSSION:
The service needs and resulting costs each fiscal year depend on the number of traffic signal and streetlight repair and maintenance calls and USA requests. The budget for response repair and maintenance services has been exhausted for this fiscal year, with pending invoices that need to be paid. The Town encountered numerous traffic signal repair issues during this current fiscal year due to the excessive winter storms and traffic crashes that damaged equipment; more funds are needed to replace and maintain traffic signal cabinets, conduits, wiring, and poles for the remainder of the fiscal year.
This third amendment is for an additional $53,381 for the response maintenance repairs needed for the remainder of FY 2022/23 to continue the contract services by St. Francis Electric without disruptions.
The table on the next page reflects the amendment amounts, increasing the total five-year contract amount not to exceed $953,948.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services DATE: May 12, 2023
DISCUSSION (continued):
Original Contract $ 675,000 -----
First Amendment $ 8,567 For FY20/21 Services
Second Amendment $ 67,000
$ 150,000
For FY 2021/22 Services
For FY 2022/23 to FY 2024/25 Base Services
Third Amendment
(Proposed) $ 53,381 For FY 2022/23 Services
Total $ 953,948 ----
CONCLUSION:
The Town Council’s authorization of the third contract amendment for the traffic signal and streetlight repair services would allow St. Francis Electric to continue providing the contract services in FY 2022/23.
COORDINATION:
This report was coordinated with the Finance Department.
FISCAL IMPACT:
The budget adjustment in the amount of $53,381 from Available Capital/Special Project Reserve will allow for sufficient funds to be available in the FY 2022/23 Parks and Public Works Engineering Program Operating Budget for the contract amendment.
ENVIRONMENTAL ASSESSMENT:
The actions associated with this item are not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment to Agreement for Services with St. Francis Electric, Inc.
2. Exhibit A to Attachment 1 – 2
nd Amendment, 1st Amendment, and Original Agreement
St. Francis Electric – Third Amendment to Agreement for Services
THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 6 th
day of June 2023 and amends that certain SECOND AMENDMENT TO AGREEMENT FOR SERVICES dated March 15, 2012, made by and between the TOWN OF LOS GATOS, ("Town,") and ST.
FRANCIS ELECTRIC, (“Service Provider”) identified as a Partnership and whose address is 975 Carden Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 15, 2020 (“Agreement”), a First Amendment to Agreement for Services on July 22, 2021, a Second Amendment to Agreement for Services on March 15, 2022, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation and to add the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.6 Compensation is amended to read as follows:
Additional compensation for Response Maintenance Repair Services for Fiscal Year 2022/23 shall be increased by $53,381 for a total agreement amount not to exceed $953,948. Payment shall be based upon Town approval of each task.
2. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm 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.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
St. Francis Electric – Third Amendment to Agreement for Services IN WITNESS WHEREOF, the Town and Supplier have executed this Amendment.
Town of Los Gatos by: St. Francis Electric, by:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Guy Smith, Vice President Recommended by: Approved as to Form:
__________________________________ ___________________________________ Nicolle Burnham Gabrielle Whelan, Town Attorney
Parks and Public Works Director
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
St. Francis Electric – Second Amendment to Agreement for Services
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 15th day of March 2022 and amends that certain AGREEMENT FOR SERVICES dated September 15, 2020, and FIRST AMENDMENT TO AGREEMENT dated July 22, 2021, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, (“Service Provider”).
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town and Service Provider entered into First Amendment to the Agreement for Services on August 3, 2021 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.
C. Town desires to make second amendment to the Agreement to the compensation for Services in Fiscal Year 2021/22 and Fiscal Years 2022/23 through Fiscal Year 2024/25.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
For Fiscal year 2021/22, the annual compensation for Services shall be increased by $67,000 for a total annual amount of $202,000; and
For Fiscal Year 2022/23 to Fiscal Year 2024/25, the annual compensation for Services shall be increased by $50,000 for a total annual amount of $185,000 for the three fiscal years, for a total revised contract amount not to exceed $900,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B EXHIBIT A Page 68
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos, by: St. Francis Electric, by:
______________________________
______________________________
Name/Title
_______________________________
Laurel Prevetti
Town Manager
Recommended by:
__________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form:
__________________________________
Robert Schultz, Town Attorney
Attest:
__________________________________
Shelley Neis, MMC, CPMC, Town Clerk
St. Francis Electric – Second Amendment to Agreement for Services DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B 4/15/2022
Guy Smith / Vice President
4/16/2022
4/22/2022
4/25/2022
4/25/2022
DocuSign Envelope ID: 8756FFA3-F4F2-4F75-8155-84AEB3348A67
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 22nd day of July 2021 and amends that certain AGREEMENT FOR SERVICES dated June 5, 2018, made by and between the TOWN OF LOS GATOS, ("Town,") and ST. FRANCIS ELECTRIC, ("Service Provider'').
RECITALS
A. Town and Service Provider entered into an Agreement for Services on November 1, 2020 ("Agreement"), a copy of which is attached hereto and incorporated by reference .as Attachment 1 to this Amendment.
B. Town desires to amend the Agreement to the compensation of the agreement for Fiscal Year 2020/21 for Underground Service Alert (USA) Locating Services.
AMENDMENT
1. 2.6 Compensation is amended to read as follows:
• Compensation for Underground Service Alert (USA) Locating Services for Fiscal Year 2020/21 shall be increased in an amount of $8,567, for a total of $143,567, for a total revised contract amount not to exceed $683,567.
2. All other terms and conditions of the Agreement remain in full force and effect.
St. Francis Electric- First Amendment to Agreement for Services
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
DocuSign Envelope ID: 8756FFA3- F4F2-4F75-8155-84AEB3348A67 8/3/2021
8/3/2021
8/3/2021
8/4/2021
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 15th of September 2020, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and St. Francis Electric (“Service Provider”), whose address is 975 Carden St., San Leandro, CA. 94577. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide a comprehensive Street Lighting and Traffic Signal Preventive Maintenance and Repair Services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 26, 2020, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin November 1, 2020 and will continue through June 30, 2025, subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation:
Compensation for year one shall not exceed $135,000. Compensation for future years will be the base cost of $135,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. If the CPI indicates a downward adjustment, compensation would remain at the base amount. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.
Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.
Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
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 Service Provider'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.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, 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. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 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 a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID.
Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
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St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Service Provider:
St. Francis Electric
975 Carden St.
San Leandro, CA. 94577
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, conditions, understandings 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.
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
St. Francis Electric - Street Lighting and Traffic Signal Preventive Maintenance and Repair Services November 1, 2020-June 30, 2025
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
_________________________________
Laurel Prevetti, Town Manager
Recommended by:
________________________________________
Matt Morley, Director of Parks and Public Works
St. Francis by:
_______________________________________
_______________________________________
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 9/30/2020
Vice President
9/30/2020
10/6/2020
10/6/2020
10/6/2020
DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
Signals Streetlights RFP Cost Summary 2020
Attachment 2: Signals/Streetlights Quote Summary 2020 St. Francis Electric Basic Services
Bid Monthly
Item Location Description Unit Price Quantity Cost
1 Los Gatos Street Light Maintenance $1.10 1600 $1,760
2 Los Gatos Traffic Signal PM $120.00 31 $3,720
3 Los Gatos Parking Lot Light Maintenance $1.10 119 $131 4 Los Gatos USA Locating $140.00
5 6
7 8
9 Monthly Total $5,611
Annual Total $67,331
Additional Services T & M Per Hour
10 11
12 13
EXHIBIT A
DocuSign Envelope ID: 5F7C9340-7506-458E-B1F9-2914F758B184 DocuSign Envelope ID: A16C92F1-B8EB-4538-AB27-24DFBDB9E11B
PREPARED BY: Meredith Johnston
Administrative Technician
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works 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: 7
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red Hawks Lacrosse Club
RECOMMENDATION:
Authorize the Town Manager to execute a revised Use Agreement with West Valley Red Hawks Lacrosse Club (Attachment 3).
BACKGROUND:
West Valley Red Hawks Lacrosse Club (the Club) executed a use agreement in 2014 with the Town of Los Gatos for Creekside Sports Park. One amendment to the agreement was executed to extend the expiration to June 30, 2020. Attachment 1 includes a copy of the original agreement and amendment. Due to COVID-19 restrictions and changes in park use during the COVID-19 pandemic, the agreement lapsed.
At its February 21, 2023 meeting, Town Council authorized the Town Manager to execute a new use agreement with the Club (Item 7). In executing the agreement after Councils’ action, the Club requested changes to the terms of the Use Agreement. The requested changes include (see Attachment 2 redlined agreement):
Section 1.3, a new affiliation
Section 2.4, 10% decrease in the Annual Use Fee
Section 2.6, a good faith clause
Section 3.1, removal of automobile coverage
Section 4.6, an address change
PAGE 2 OF 4
SUBJECT: Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red Hawks Lacrosse Club
DATE: May 22, 2023
BACKGROUND (continued):
The Parks and Public Works Department was recently informed that the Club have programmed with Los Gatos-Saratoga Community Education Recreation for youth lacrosse programs at Creekside Sports Park. This additional information has been added to Section 2.2 of the Use Agreement.
All other terms of the Use Agreement have remained the same.
DISCUSSION:
The Club is interested in continuing to use the Creekside Sports Park and an updated draft use agreement is included as Attachment 3 (clean version of changes noted in Attachment 2). The terms are similar to the recently approved agreement with the Red Hawks, with the main terms as follows:
1. The term of the agreement is five years and may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2. The Club shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions.
3. Saturdays, the Club has programmed with Los Gatos-Saratoga Community Education Recreation for youth lacrosse programs at Creekside Sports Park. The use hours and Facility Maintenance Fee will be paid by the Club through this Use Agreement.
4. The Club shall pay the Town of Los Gatos an Annual Use Fee of $5,850 for the use of the Premises which will escalate annually. Table 1 provides a comparison in the use fee for groups with which the Town has Park Use Agreements.
Table 1. Park Use Fees by User Group
User Name Annual Use
Fee ($)
Annual Total
Use Hours
Annual Fee Per
Hour ($/Hour)
Los Gatos United Soccer $21,590 1,865 $11.58
Red Hawks Lacrosse Club (the Club) 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
PAGE 3 OF 4
SUBJECT: Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red Hawks Lacrosse Club
DATE: May 22, 2023
DISCUSSION (continued):
5. The Club shall pay the Town of Los Gatos a Facility Maintenance Fee (FMF) of $4.00 per participant per program or class offered by the Club at Creekside Sports Park. This is consistent with all other user groups, with the possible exception of Los Gatos Saratoga Recreation who have requested a $2.00 per participant per session fee. That fee reduction is under consideration as another item on this Council Agenda for June 6, 2023.
6. The Club shall perform maintenance as set forth in the Maintenance Responsibilities section of the Agreement.
7. The Club shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. The Club 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 and Town of Los Gatos Creekside Sports Park Special Use Policies.
Creekside Sports Park offers a large artificial turf field for year-round sporting activities.
Creekside is open to the general public Monday – Friday from 7:00 a.m. to 3:00 p.m. After 3:00 p.m. and on the weekends the field is exclusively used by the Club and Los Gatos United Soccer Club (LGUSC). The field use schedule meets the needs of the Club, as well as provides designated hours for youth soccer. The allotted field use is divided into 20% for the Red Hawks and 80% for LGUSC. This ratio is adjusted yearly between the clubs and the Town based on an agreed schedule.
CONCLUSION:
Staff is recommending that the Town Council authorize the Town Manager to execute the revised Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club (Attachment 3).
FISCAL IMPACT:
Approval of the use agreement with the Club for the use of Creekside Sports Park would result in annual revenue of $5,850 and 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 FranciscoOakland-San Jose, 1982-84-100 Index, plus $4.00 per participant per class or program.
Payments will be made to the Town of Los Gatos by Red Hawks on an annual basis.
PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red Hawks Lacrosse Club
DATE: May 22, 2023
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
Attachments:
1. Prior Use Agreement
2. Redlined Use Agreement
3. Proposed Use Agreement between the Town of Los Gatos and West Valley Red Hawks Lacrosse Club (Clean)
AGR ( 8.258
IHH tq. QLf0
FIRST AMENDMENT
TO
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY RED HAWKS LACROSSE CLUB
FOR USE OF THE LOS GATOS CREEKSIDE SPORTS PARK
This FIRST AMENDMENT to USE AGREEMENT is entered into this 171 day of May, 2018, by and between the TOWN OF LOS GATOS, State of California ( " Town "), and WEST VALLEY RED HAWKS LACROSSE CLUB, a California nonprofit corporation ( " Red Hawks ").
RECITALS
A. Town and Red Hawks entered into a Use Agreement on July 16, 2014, for use of the Los Gatos Creekside Sports Park, a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.
B. Town and Red Hawks mutually desire to extend the term ofthe existing Use Agreement for one three -year period.
FIRST AMENDMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The term of this Agreement shall be extended for one additional three -year term as outlined in section 3 of the Use Agreement from July 1, 2017 through June 30, 2020.
2. All other Terms and Conditions of the Use Agreement shall remain in effect.
IN WITNESS WHEREOF:
Town of Los Gatos, by: West Valley Re ,
awI c sse Club, by:
Vtal
I
att Morley
Work:
Approved as to Form_ Attest:
Laurel Prevetti, Town Manager
Recommended by:
Director of Parks and Public
Signature
Tyler Bell, resident, West Valley Red Hawks
Print Name and Title
Rob Schultz, Tow ttomey Shelly Neis, Clerk r
nOWE
First Amendment to Use Agreement Red Hawks Page I of 1
CLERK Dl:YARTMF \ T
AG!� \ I..\ - \\c'
) £i ....
lllll ____ _
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
ORD, _________ _
RcC. ________ _
WEST VALLEY RED HAWKS LACROSSE CLUB RESO. __ _
This USE AGREEMENT is entered into this _-:yjJ_L day _______ , 2014, by and between the TOWN Of LOS GATOS, State of California (''Town .. ), and WEST VALLEY RED HAWKS LACROSSE CLUB (--Red Hawks'')
RECITALS
A. Town is the owner of Creekside Sports Park, located at 930 University Avenue, Los Gatos.
California.
8. !'he Red Hawks is a non-profit, club sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area, with boys teams ranging from 2"4 through 8
th grade and girls teams from 2'"1 through 6'h grade. which will expand to 7
11' and 8'h grade in the future.
C. Red llawks is an affiliate of the Northern California Junior Lacrosse Association (NCJLA) and as such. its coaches. players, officials and parents are required to abide by the United States Lacrosse "Code of Conduct'" that embodies basic common sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
D. The Red Hawks were one of the corrununily partners that supported the acquisition and development of the Creekside Sports Park.
E. Town and Red Hawks each desire an agreement between them setting forth the specific terms and conditions under which the Red Hawks may use the Creekside Sports Park, including: hours of use; responsibility for maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures, storage of Red Hawks goods and equipment; and other related items.
AGREEMENT
NOW. THEREFORE, THE PARTlES HERETO AGREE AS FOLLOWS:
I. Subject Pr�nises. The Premises covered by this Agreement is the Creekside Sports Park. located at 930 University Avenue. Los Gatos, California. A drawing depicting the Premises is altachcJ hereto and incorporated by reference (Attachment A).
2. Use of Premises. Red Hawks shall have exclusive use of the Premises. except bathrooms and parking, which arc open to the public at large, only during those times and dates as shown on Attachment B, "Annual Schedule". No later than October 15th of each year this Agreement is in force, Red Hawks and Town staff shall meet to develop an Annual Schedule for the following calendar year. Town retains the right to use or authorize the use of the Premises for all dates and times not allocated to Red Hawks in the Annual Schedule.
Red Hawks may request changes to the Annual Schedule hy wrillen notification 10 the Department of Parks and Public Works, but shall endeavor ro minimize changes 10 the schedule
during each calendar year. All changes should be made in writing no less than 30 days prior to the effective date of the change. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.
3. Term of Agreement. Unless terminated sooner pursuant to Section 16 of this Agreement, this Ageement shall expire on June 30, 2017. The term of this Agreement may be extended for up to two additional three year periods upon mutual written consent ofthe parties.
4. Annual Use Fee. Beginning July 1, 2014, and every year thereafter. Red Hawks shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall he $ 5, 000. The Annual Use Fee shall be considered full and fair compensation for exclusive use of the facility for those days and times indicated on the Annual Schedule. On July 1, 2015, 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 Consanters, San Francisco - Oakland -San Jose, 1982 -84 -101) Index.
5. Facility Maintenance Fee. Beginning July 1, 2014, and continuing for the full term of this agreement, including any extensions, each participant in the Red Hawks Lacrosse program using the Creekside Sports Park will be charged a $ 2. 00 Facility Maintenance Fee ( FMF) per season.
The Facility Maintenance Fee shall be assessed by the Red Hawks at the time of registration or and payment of program fees, and shall be retained by the Red Hawks in a separate account and remitted to the Town annually in conjunction with payment of the Annual Use Fee, no later than July 1 of each year this agreement is in force. Participants shall be charged a FMF for each distinct season at which registration and fees are typically collected by the Red Hawks.
FMF revenue received by the Town from the Red Hawks shall be used solely to fund the cost of maintenance and operations of the Premises.
6. Additional Annual Use Fee Adjustment, Should Red Hawks increase or decrease its requested hours of use as set forth in Attachment B, Annual Schedule, by 5% or more, the Annual Use Fee shall he adjusted proportionally based on the percentage change in hours. In no case shall the Annual Use Fee be decreased by more than 10% below the initial Annual Use Fee set forth in Section 4.
Maintenance. Red Hawks shall be responsible for the maintenance responsibilities set forth in Attachment C, Maintenance Responsibilities.
Facility Use Policies Red Hawks 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. Red Hawks 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 D, Town of Los Gatos Park Rules and Regulations. and Attachment E, Town of Los Gatos Crcekside Sports Park Special Use Policies. Failure to comply with these policies may result in suspension and/or termination of this agreement. 9, lament. Red Hawks shall make all payments required pursuant to this Agreemem whether or not invoiced by Town, no later than July I of each year 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 Finance Department
P. O. Box 655
Los Gatos, California 95030
10. Assi mnent. Red Hawks shall not assign any portion of this Agreement, or allow any use of the Premises by any other person or entity contrary to the terms of this Agreement, without prior written approval of Town. Red Hawks is expressly prohibited from use of the Premises for any activity other than actives sanctioned and associated with Red Hawks.
H. Personal Property. Personal property of Red Hawks shall be Red Hawks' sole responsibility to acquire, repair, replace and store. Red Hawks shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation.
12. Insurance.
a) Minimum Scope of Insurance:
i) Red Hawks agrees to have and maintain, for the duration of the contract. General Liability insurance policies insuring the Red Hawks, its officers and employees to an amount not less than: one million dollars ($ 1, 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) Red Hawks agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy insuring the Red Hawks, its officers and employees to an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage. iii) Red Hawks shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Red Hawks shall provide all certificates and endorsements before tens of Agreement begins.
b) General Liability:
i) The Town, its officers, employees and volunteers 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 the Red Hawks.
ii) The Red Hawks 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, employees or volunteers stall be excess of the Red Hawks 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 Red Hawks 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 12 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 Red Hawks 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. Red Hawks shall have and maintain Workers' Compensation insurance as required by California law. Further, Red Hawks shall ensure that all contractors employed on the Premises by the Red Hawks provide the required Workers' Compensation insurance for their respective employees. e) Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. Red Hawks shall be solely responsible for obtaining whatever insurance coverage that the Red Hawks believes may be appropriate to protect and indemnify the Red Hawks for loss to the Premises or to any personal property that the Red Hawks may place on the Premises.
13. Indemnification. Red Hawks 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 loss, damage, or injury to persons or property occurring in or about the Premises that arises out of or incident to the Red Hawks' use of the Premises. including use by anyone that the Red Hawks 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 to negligence on the part of the Town.
14. Damage and Destruction.
a) 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 Paragraph 13.
b) If because of the destruction or damage to the Premises. the Premises is entirely unsuitable or inadequate f'or the use specified herein, Red Hawks shall be entitled to a pro rata rebate ofthe fee paid to the Town calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in Attachment A, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the date of the damage or destruction of the Premises.
c) Under no circumstances does the Town have any obligation to provide the Red Hawks with an alternative property to conduct its operations, and the Red Hawks is solely responsible for obtaining such insurance as the Red Hawks deems appropriate to protect its interests should damage or destruction to the Premises occur.
d) Red Hawks shall he liable for any loss, damage or injury to the field and/ or Sports Park premises as a result of the direct or indirect use of the premises by Red Hawks under this agreement.
15. Compliance with Town Code. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreation.
16. Termination.
a) Should Town terminate prior to the end of the term of this Agreement, Red Hawks shall be entitled to a pro rata rebate ofthe Annual Use Fee calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in Attachment B, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the effective date oftemtination. b) Red Hawks shall promptly terminate its use of the Premises at the termination 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. All improvements and alterations made by the Red Hawks shall become the property of the Town upon termination of the Agreement without compensation by Town. Any personal property not removed by the Red Hawks within thirty ( 30) days of the termination of this License Agreement shall become the property of the Town and may be disposed of as the Town in its sole discretion deems advisable.
c) This Agreement shall continue in full force and effect unless prior to February 1" 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 30' h of the same calendar year.
d) 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 purposes 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 Red Hawks will work cooperatively to develop a written plan for transition of services and vacation of Premises by Red Hawks. e) In the event of any material default or breach by Red Hawks, 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:
a. Terminate Red Hawks' right to possession ofthe Premises by any lawful means, in which case this Agreement shall terminate and Red Hawks shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from Red Hawks any damages incurred by Town by reason of Red Hawks' 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. f) Red Hawks 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 Red Hawks is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach ofthis Agreement by Red Hawks. g) If Red Hawks fails to remove any personal property belonging to Red Hawks from the Premises after forty -five ( 45) days of the expiration or termination of this Agreement, such
property shall at the option ofthe Town be deemed to have been transferred to Town. Town shall have the right to remove and to dispose of such property without liability to Red Hawks or to any person claiming under Red Hawks, and the Town shall have no need to account for such property.
17. No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to Red Hawks any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by Red Hawks' s use of the Premises pursuant to this Agreement. Red Hawks 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.
18. Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:
To the Red Hawks: To the Town:
President
West Valley Red Hawks Lacrosse Club
126 Twin Oaks Drive
Los Gatos, CA 95032
Director
Department of Parks and Public Works
Town of Los Gatos
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 deposit in the U. S. Mail.
19. 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 a subsequent breach of the same or any other provision of this License Agreement.
20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and Red Hawks. 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.
IN WITNESS WHEREOF:
Town of Los Gatos, by:
Greg Lars n, Town Manager
Approved ass
too
Form:
Robert Schultz, Town Attomc
West Valley Red Hawks Lacrosse Club, by:
Signature
eL 1 K. Y 1,I ° P.- llft
Prt ll Name and Title /
Attest:
Zk\cc szl
Town Clerk QS
ATTACHMENT A
CREEKSIDE SPORTS PARK
ATTACHMENT B
ANNUAL USE SCHEDULE
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ATTACHMENT
MAINTENANCE RESPONSIBILITIES
Red Hawks shall be responsible for the following:
1. Following each scheduled use, pick up and deposit in receptacles or dumpsters all recyclables, liner and trash from field, walkways, building areas and parking lot.
2. Emptying of receptacles and recycling containers on an " as- needed" basis during or following scheduled use, particularly during tournaments or other heavy use events.
3. Maintaining all lacrosse goals and associated equipment, and ensuring that they are used in a safe and secure manner.
The Town of Los Gatos shall be responsible for the following:
1. Opening and closing of premises and restrooms.
2. Cleaning and restocking of restrooms on a daily basis.
3. Providing extra liners for garbage and recycling receptacles as may be needed by Red Hawks.
4. Maintenance of building, parking lot and security lighting.
5. Landscape and irrigation maintenance.
6. Maintenance of all structures, walkways, hardscape, fencing, gates and other surfaces.
7. Field maintenance including twice -a -year relining of the field, once prior to February 20' x', and the second time at the discretion of the Town.
S. Parking lot sweeping.
9. Graffiti abatement.
ATTACHMENT' D
TOWN OF LOS GATOS
PARK RULES AND REGULATIONS
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
C Smoking is prohibited within any park or on any trail.
Food & Alcohol
E Beer and wine are allowed with a picnic meal but must not leave the picnic site.
C A Vehicle Escort Permit is required when a caterer delivers food to a picnic site.
G 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 tacks, 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 all times and dogs must be kept under physical control.
0 Pet owners are required to immediately clean -up after their pets.
Miscellaneous
Portable BBQs (gas or charcoal) are allowed in picnic areas only.
Portable radios are allowed.
Loud music is not allowed at any hour.
Volleyball and Badminton nets are allowed.
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- Up
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.
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 Mao to obtain details of each of Town' s parks and trails, including maps and driving directions. A Park and Trails Mao is available online and at Town offices.
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.
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.
No electricity is provided at the park forjump houses.
Jump houses with combined features such as a jumper and a slide and /or obstacle course, and features containing water are not allowed.
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.
Vehicle 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 1, 2, & 7 at Oak Meadow Park.
ATTACHMENT E
TOWN OF LOS GATOS
CREEKSIDE SPORTS PARK SPECIAL USE POLICIES
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
No Smoking
Smoking of any substance and use of any tobacco product, including chewing tobacco, is prohibited.
Artificial Turf Field and Warm Up Area Use
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.
No chewing gum or sunflower seeds allowed within Creekside Sports Park.
No food or beverages allowed on playing field other than water.
No glass bottles or containers allowed on field or warm -up areas.
Dogs and Other Animals
U No dogs or other animals allowed except for certified guide animals.
Si na e
o Signs may be affixed with string, rope or ties only. No tape. tacks, staples, or nails allowed.
All signage and ties must be removed after use.
No staking of any team signs or banners allowed.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
WEST VALLEY RED HAWKS LACROSSE CLUB
THIS AGREEMENT is dated for identification this 1st day of July 2022 and is made by and between TOWN OF LOS GATOS, State of California (“Town”) and WEST VALLEY RED HAWKS LACROSSE CLUB (“Red Hawks”) identified as a nonprofit organization and whose address is 15151 Old Ranch Road 18921 Bear Creek Road, Los Gatos, California 95033.
I. RECITALS
1.1 Town is the owner of Creekside Sports Park, located at 930 University Avenue, Los Gatos, California.
1.2 The Red Hawks is a non-profit, club-sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area.
1.3 Red Hawks is an affiliate of the Northern California Junior Lacrosse Association (NCJLA) South Bay Consortium of teams and as such, its coaches, players, officials, and parents are required to abide by the United States Lacrosse “Code of Conduct” that embodies basic common-sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
1.4 The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park.
1.5 Town and Red Hawks each desire an agreement between them setting forth the specific terms and conditions under which the Red Hawks may use the Creekside Sports Park, including hours of use; responsibility for maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures; storage of Red Hawks goods and equipment; and other related items.
II. AGREEMENTS
2.1 Subject Premises. The Premises covered by this Agreement is the Creekside Sports Park, located at 930 University Avenue, Los Gatos, California. A drawing depicting the Premises is attached hereto and incorporated by reference (Attachment A).
2.2 Use of Premises. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions. No later than October 1st of each year this Agreement is in force, Red Hawks and Town staff shall meet to develop an Annual Schedule for the following calendar year. Town has the final say in establishing the master
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
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. Town retains the right to use or authorize the use of the Premises for all dates and times not allocated to Red Hawks in the Annual Schedule.
Red Hawks 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 during each calendar year. All changes should be made in writing no less than 30 days prior to the effective date of the change. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.
Saturdays, the Red Hawks have programmed with Los Gatos-Saratoga Community Education Recreation for youth lacrosse programs at Creekside Sports Park. The use hours and Facility Maintenance Fee will be captured under the Red Hawks Use Agreement.
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, 2022 through June 30, 2027. The term of this Agreement may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2.4 Annual Use Fee. Beginning July 1, 2022, and every year thereafter, Red Hawks shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $6,500 $5,850. The Annual Use Fee shall be considered full and fair compensation for the exclusive use of the facility for those days and times indicated on the Annual Schedule. On July 1, 2023, 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.
2.5 Facility Maintenance Fee. Beginning July 1, 2022, and continuing for the full term of this agreement, including any extensions, each participant in the Red Hawks Lacrosse program using Creekside Sports Park will be charged a $4.00 Facility Maintenance Fee (FMF) per season. The Facility Maintenance Fee shall be assessed by the Red Hawks at the time of registration or any payment of program fees and shall be retained by the Red Hawks in a separate account and remitted to the Town annually in conjunction with payment of the Annual Use Fee, no later than July 1 of each year this agreement is in force. Participants shall be charged an FMF for each distinct season at which registration and fees are typically collected by the Red Hawks.
FMF revenue received by the Town from the Red Hawks shall be used solely to fund the cost of maintenance and operations of the Premises.
2.6 Additional Annual Use Fee Adjustment. Should Red Hawks increase or decrease its requested hours of use as set forth in the Annual Schedule, by 5% or more, the Annual Use
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
Fee shall be adjusted proportionally based on the percentage change in hours. In no case shall the Annual Use Fee be decreased by more than 10% below the initial Annual Use Fee set forth in Section 2.4. Town will adjust use hours and Annual Use Fee per calendar year upon agreed schedule between the Town and Red Hawks.
2.7 Maintenance. Red Hawks shall be responsible for the maintenance responsibilities set forth in Attachment B, Maintenance Responsibilities.
2.8 Facility Use Policies. Red Hawks shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. Red Hawks 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 C, Town of Los Gatos Park Rules and Regulations, and Attachment D, Town of Los Gatos Creekside Sports Park Special Use Policies. The Red Hawks agrees to apply with the current rules and regulations available at www.losgatosca.gov/parkres as well as any future amendments to those rules and regulations. Failure to comply with these policies may result in suspension and/or termination of this Agreement.
Red Hawks agrees to comply with the state “Fair Play in Community Sports Act.” Red Hawks will not discriminate on the basis of gender and boys’ and girls’ teams will have equal access to the facilities.
2.9 Payment. Red Hawks shall make all payments, whether or not invoiced by Town, required pursuant to this Agreement no later than February 1 of each year payments are due. All payments shall be mailed by first class mail or delivered in person at the Town office and addressed as follows:
Town of Los Gatos
Attn: Finance Department
P.O. Box 697
Los Gatos, California 95031
2.10 Assignment. Red Hawks shall not assign any portion of this Agreement or allow the use of the Premises by any other person or entity contrary to this Agreement's terms, with the out Town's prior written approval. Red Hawks is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with Red Hawks.
2.11 Personal Property. Personal property of Red Hawks shall be Red Hawks’ sole responsibility to acquire, repair, replace and store. Red Hawks shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Red Hawks agrees to have and maintain for the duration of this Agreement, General Liability insurance policies insuring Red Hawks, 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. Red Hawks agrees to have and maintain for the duration of this Agreement, an Automobile Liability insurance policy insuring the Red Hawks, 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. Red Hawks shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Red Hawks 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 Red Hawks.
ii. Red Hawks 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 Red Hawks’ insurance and shall not contribute with it.
iii. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officials, employees or volunteers.
iv. Red Hawks 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.
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
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
been given to the Town. The Red Hawks 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, Red Hawks shall have and maintain Workers’ Compensation insurance as required by California law. Further, Red Hawks shall ensure that all contractors employed on the Premises by the Red Hawks provide the required Workers’ Compensation insurance for their respective employees.
3.4 Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. Red Hawks shall be solely responsible for obtaining whatever insurance coverage that Red Hawks believes may be appropriate to protect and indemnify Red Hawks for loss to the Premises or to any personal property that Red Hawks may place on the Premises.
3.5 Indemnification. Red Hawks 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 Red Hawks’ use of the Premises, including use by anyone that the Red Hawks 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 the destruction or damage to the Premises, the Premises is entirely unsuitable or inadequate for the use specified herein, Red Hawks shall be entitled to a pro rata rebate of the fee paid to the Town calculated by dividing the Annual User Fee by the total number of hours of exclusive use as listed in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the date of the damage or destruction of the Premises.
Under no circumstances does the Town have any obligation to provide Red Hawks with an alternative property to conduct its operations, and Red Hawks is solely responsible for obtaining such insurance as Red Hawks deems appropriate to protect its interests should damage or destruction to the Premises occur.
Red Hawks shall be liable for any loss, damage or injury to the field and/or Premises as a result of the direct or indirect use of the Premises by Red Hawks under this agreement.
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
4.2 Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
4.3 Termination of Agreement. Should Town terminate prior to the end of the term of this Agreement, Red Hawks shall be entitled to a pro rata rebate of the Annual Use Fee calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the effective date of termination.
Red hawks shall promptly terminate its use of the Premises at the termination 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. All improvements and alterations made by Red Hawks shall become the property of the Town upon termination of the Agreement without compensation by Town. Any personal property not removed by Red Hawks within thirty (30) days of the termination of this Use 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 Red Hawks will work cooperatively to develop a written plan for transition of services and vacation of Premises by Red Hawks.
In the event of any material default or breach by Red Hawks, 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 Red Hawks’ right to possession of the Premises by any lawful means, in which case this Agreement shall terminate, and Red Hawks shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from Red Hawks any damages incurred by Town by reason of RedHawks’ default including but
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
not limited to the cost of recovering possession of the Premises and reasonable attorneys’ fees.
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.
Red Hawks 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 Red Hawks is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by Red Hawks.
If Red Hawks fails to remove any personal property belonging to Red Hawks from the Premises after forty-five (45) days of the expiration or termination of this Agreement, such property shall at the option of the Town be deemed to have been transferred to Town.
Town shall have the right to remove and dispose of such property without liability to Red Hawks or to any person claiming under Red Hawks, and the Town shall have no need to account of such property.
4.4 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to Red Hawks any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by Red Hawks use of the Premises pursuant to the Agreement. Red Hawks 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 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:
To Red Hawks: To the Town:
President Director
West Valley Red Hawks Lacrosse Club Department of Parks and Public Works 15151 Old Ranch Road Town of Los Gatos
18921 Bear Creek Road 41 Miles Avenue
Los Gatos, CA 95033 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.
4.7 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
ATTACHMENT 2
Use Agreement
West Valley Red Hawks Lacrosse Club
subsequent breach of the same or any other provision of this License Agreement.
4.8 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and Red Hawks. 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.
IN WITNESS WHEREOF, the Town and Red Hawks have executed this Use Agreement.
Town of Los Gatos:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
West Valley Red Hawks Lacrosse Club:
Robert H. Bohn, Jr., President
Patrick Sweeney, President
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
USE AGREEMENT
BETWEEN THE TOWN OF LOS GATOS
AND
WEST VALLEY RED HAWKS LACROSSE CLUB
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 WEST VALLEY RED HAWKS LACROSSE CLUB (“Red Hawks”) identified as a California nonprofit corporation and whose address is 18921 Bear Creek Road, Los Gatos, California 95033.
I. RECITALS
1.1 Town is the owner of Creekside Sports Park, located at 930 University Avenue, Los Gatos, California.
1.2 The Red Hawks is a non-profit, club-sponsored program run by volunteers and parent coaches established in 2004 to bring the sport of lacrosse to the Los Gatos-Saratoga area.
1.3 Red Hawks is an affiliate of the South Bay Consortium of teams and as such, its coaches, players, officials, and parents are required to abide by the United States Lacrosse “Code of Conduct” that embodies basic common-sense principles, demonstrates consideration of others, and projects a positive image to the boys and girls that participate in their programs.
1.4 The Red Hawks were one of the community partners that supported the acquisition and development of the Creekside Sports Park.
1.5 Town and Red Hawks each desire an agreement between them setting forth the specific terms and conditions under which the Red Hawks may use the Creekside Sports Park, including hours of use; responsibility for maintenance of the fields and adjacent grounds; use and maintenance of associated facilities and structures; storage of Red Hawks goods and equipment; and other related items.
II. AGREEMENTS
2.1 Subject Premises. The Premises covered by this Agreement is the Creekside Sports Park, located at 930 University Avenue, Los Gatos, California. A drawing depicting the Premises is attached hereto and incorporated by reference (Attachment A).
2.2 Use of Premises. Red Hawks shall have exclusive use of the Premises, except bathrooms and parking, which are open to the public at large, only during those times and dates as shown on “Annual Schedules”. The Annual Schedule shall cover camps and classes for the Winter, Spring, Summer, and Fall sessions. No later than October 1st of each year this Agreement is in force, Red Hawks and Town staff shall meet to develop an Annual Schedule for the following calendar year. Town has the final say in establishing the master
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
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. Town will adjust use hours and payment per calendar year upon agreed schedule between the Town and Red Hawks. Town retains the right to use or authorize the use of the Premises for all dates and times not allocated to Red Hawks in the Annual Schedule.
Saturdays, the Red Hawks have programmed with Los Gatos-Saratoga Community Education Recreation for youth lacrosse programs at Creekside Sports Park. The use hours and Facility Maintenance Fee will be captured under the Red Hawks Use Agreement.
Red Hawks 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 during each calendar year. All changes should be made in writing no less than 30 days prior to the effective date of the change. The Town of Los Gatos shall have sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule.
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, 2028. The term of this Agreement may be extended for up to two additional five-year periods upon mutual written consent of the parties.
2.4 Annual Use Fee. Beginning July 1, 2023, and every year thereafter, Red Hawks shall pay the Town of Los Gatos an Annual Use Fee for the use of the Premises. The initial Annual Use Fee shall be $5,850. The Annual Use Fee shall be considered full and fair compensation for the exclusive use of the facility for those days and times indicated on the Annual Schedule. On July 1, 2023, and each anniversary thereafter, the Annual Use 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.
2.5 Facility Maintenance Fee. Beginning July 1, 2023, and continuing for the full term of this agreement, including any extensions, each participant in the Red Hawks Lacrosse program using Creekside Sports Park will be charged a $4.00 Facility Maintenance Fee (FMF) per season. The Facility Maintenance Fee shall be assessed by the Red Hawks at the time of registration or any payment of program fees and shall be retained by the Red Hawks in a separate account and shall be remitted to the Town quarterly. Participants shall be charged an FMF for each distinct season at which registration and fees are typically collected by the Red Hawks.
FMF revenue received by the Town from the Red Hawks shall be used solely to fund the cost of maintenance and operations of the Premises.
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
2.6 Additional Annual Use Fee Adjustment. Should Red Hawks 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. In no case shall the Annual Use Fee be decreased by more than 10% below the initial Annual Use Fee set forth in Section 2.4. Town will adjust use hours and Annual Use Fee per calendar year upon agreed schedule between the Town and Red Hawks.
2.7 Maintenance. Red Hawks shall be responsible for the maintenance responsibilities set forth in Attachment B, Maintenance Responsibilities.
2.8 Facility Use Policies. Red Hawks shall comply, without limitation, with all applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19, Parks and Recreation provisions. Red Hawks 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 C, Town of Los Gatos Park Rules and Regulations, and Attachment D, Town of Los Gatos Creekside Sports Park Special Use Policies. The Red Hawks agrees to apply with the current rules and regulations available at www.losgatosca.gov/parkres as well as any future amendments to those rules and regulations. Failure to comply with these policies may result in suspension and/or termination of this Agreement.
Red Hawks agrees to comply with the state “Fair Play in Community Sports Act.” Red Hawks will not discriminate on the basis of gender and boys’ and girls’ teams will have equal access to the facilities.
2.9 Payment. Red Hawks shall make all payments, whether or not invoiced by Town, required pursuant to this Agreement no later than February 1 of each year payments are due. All payments shall be mailed by first class mail or delivered in person at the Town office and addressed as follows:
Town of Los Gatos
Attn: Finance Department
P.O. Box 697
Los Gatos, California 95031
2.10 Assignment. Red Hawks shall not assign any portion of this Agreement or allow the use of the Premises by any other person or entity contrary to this Agreement's terms, with the out Town's prior written approval. Red Hawks is expressly prohibited from use of the Premises for any activity other than activities sanctioned and associated with Red Hawks.
2.11 Personal Property. Personal property of Red Hawks shall be Red Hawks’ sole responsibility to acquire, repair, replace and store. Red Hawks shall remove its personal property at the expiration or termination of this Agreement. Any personal property not so removed shall become the sole property of Town with no compensation.
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Red Hawks agrees to have and maintain for the duration of this Agreement, General Liability insurance policies insuring Red Hawks, 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. Red Hawks shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Red Hawks 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 Red Hawks.
ii. Red Hawks 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 Red Hawks’ insurance and shall not contribute with it.
iii. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Town, its elected and appointed officials, employees or volunteers.
iv. Red Hawks 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.
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 Red Hawks shall ensure that current certification of such insurance is on file at all times with the Town Clerk during the term of this agreement.
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
3.3 Workers’ Compensation. In addition to these policies, Red Hawks shall have and maintain Workers’ Compensation insurance as required by California law. Further, Red Hawks shall ensure that all contractors employed on the Premises by the Red Hawks provide the required Workers’ Compensation insurance for their respective employees.
3.4 Property Insurance. Town shall have no obligation to maintain any insurance of the Premises or any personal property placed on the Premises. Red Hawks shall be solely responsible for obtaining whatever insurance coverage that Red Hawks believes may be appropriate to protect and indemnify Red Hawks for loss to the Premises or to any personal property that Red Hawks may place on the Premises.
3.5 Indemnification. Red Hawks 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 Red Hawks’ use of the Premises, including use by anyone that the Red Hawks 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 the destruction or damage to the Premises, the Premises is entirely unsuitable or inadequate for the use specified herein, Red Hawks shall be entitled to a pro rata rebate of the fee paid to the Town calculated by dividing the Annual User Fee by the total number of hours of exclusive use as listed in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the date of the damage or destruction of the Premises.
Under no circumstances does the Town have any obligation to provide Red Hawks with an alternative property to conduct its operations, and Red Hawks is solely responsible for obtaining such insurance as Red Hawks deems appropriate to protect its interests should damage or destruction to the Premises occur.
Red Hawks shall be liable for any loss, damage or injury to the field and/or Premises as a result of the direct or indirect use of the Premises by Red Hawks under this agreement.
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
4.2 Compliance with Town Codes. Red Hawks shall comply with all provisions of the Town Code, including the provisions of Chapter 19 of the Code concerning Parks and Recreations.
4.3 Termination of Agreement. Should Town terminate prior to the end of the term of this Agreement, Red Hawks shall be entitled to a pro rata rebate of the Annual Use Fee calculated by dividing the Annual User Fee by the total number of hours of exclusive use as shown in, Annual Schedule and then multiplying this calculated hourly rate by the number of hours remaining on the Annual Schedule after the effective date of termination.
Red Hawks shall promptly terminate its use of the Premises at the termination 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. All improvements and alterations made by Red Hawks shall become the property of the Town upon termination of the Agreement without compensation by Town. Any personal property not removed by Red Hawks within thirty (30) days of the termination of this Use 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 Red Hawks will work cooperatively to develop a written plan for transition of services and vacation of Premises by Red Hawks.
In the event of any material default or breach by Red Hawks, 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 Red Hawks’ right to possession of the Premises by any lawful means, in which case this Agreement shall terminate, and Red Hawks shall immediately surrender possession of the Premises to Town. In such event, Town shall be entitled to recover from Red Hawks any damages incurred by Town by reason of Red Hawks’ default including but
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
not limited to the cost of recovering possession of the Premises and reasonable attorneys’ fees.
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.
Red Hawks 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 Red Hawks is evicted or Town otherwise lawfully takes possession of the Premises by reason of any default or breach of this Agreement by Red Hawks.
If Red Hawks fails to remove any personal property belonging to Red Hawks from the Premises after forty-five (45) days of the expiration or termination of this Agreement, such property shall at the option of the Town be deemed to have been transferred to Town.
Town shall have the right to remove and dispose of such property without liability to Red Hawks or to any person claiming under Red Hawks, and the Town shall have no need to account of such property.
4.4 No Property Rights. Nothing in this Agreement is in any way intended to establish, convey, create or otherwise grant to Red Hawks any form of property rights in the Premises, nor shall such rights be established, conveyed, created or otherwise granted by Red Hawks use of the Premises pursuant to the Agreement. Red Hawks 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 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any written correspondence or Notices given under this Agreement shall be addressed as follows:
To Red Hawks: To the Town:
President Director
West Valley Red Hawks Lacrosse Club Department of Parks and Public Works 18921 Bear Creek Road Town of Los Gatos
Los Gatos, CA 95033 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.
4.7 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
Use Agreement ATTACHMENT 3
West Valley Red Hawks Lacrosse Club
subsequent breach of the same or any other provision of this License Agreement.
4.8 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between Town and Red Hawks. 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.
IN WITNESS WHEREOF, the Town and Red Hawks have executed this Use Agreement.
Town of Los Gatos:
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
West Valley Red Hawks Lacrosse Club:
Patrick Sweeney, President
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, CMC, Town Clerk
PREPARED BY: Jim Harbin
Parks and Public Works Superintendent
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works 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: 8
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Accept the Holiday Light Displays as Donations to the Town From the Los Gatos Chamber of Commerce RECOMMENDATION:
Authorize the Town Manager to accept the holiday light displays (Attachment 1) as donations to the Town from the Los Gatos Chamber of Commerce.
BACKGROUND:
In response to the COVID-19 pandemic beginning in March of 2020, Town Council has been supportive of efforts to improve economic recovery and community vitality to the downtown stakeholders. One of the steps was granting the Chamber of Commerce up to $150,000 to partner with the Town on holiday light displays installed throughout the Town.
DISCUSSION:
While the Town purchased most of the holiday light displays during this effort, the Chamber of Commerce purchased approximately $5,700 of the displays. The Chamber of Commerce would like to donate the balance of these displays to the Town so that the Town can include them in maintenance and storage with the rest of the displays and continue to use them in future years.
This action complies with the Town’s Solicitation and Donation Policy (Attachment 2).
PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Accept the Holiday Light Displays as Donations to the Town From the Los Gatos Chamber of Commerce.
DATE: May 22, 2023
CONCLUSION:
Authorize the Town Manager to accept the holiday light displays as donations to the Town from the Los Gatos Chamber of Commerce.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The Proposed FY 2023/24 Operating Budget includes funding for the holiday lights storage rental and light supplies.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Holiday Light Displays Inventory
2. Solicitation and Donation Policy
Light Inventory Qty Vendor
Light strands to wrap trees at Town Plaza Christmas Light Pros Lights on the bridge (twice) Christmas Light Pros
Supplemented by the Chamber after Dec. 2020
4' Stars 4 Wintergreen Corporation
Spheres (to replace cut or broken) 4 Wintergreen Corporation ATTACHMENT 1
Title: Solicitation and Donation Policy I Policy Number: 2 -17 Effective Date: 1016115 Pages: 4
Z
bling Actions: Revised Date:
roved:
PURPOSE
The purpose of this policy is to effect Town donations and solicitations in a manner that complies with both the letter and spirit of California ethics laws and, within that that framework, to expand the potential for community donations by establishing a mechanism by which individuals and organizations may be more readily advised of donation opportunities.
SOLICITATION GUIDELINES
Targeted Solicitation
Targeted solicitation is defined as the direct petition or contact of specific individuals, companies, foundations or other entities initiated by the Town Council and other elected officials, Council advisory bodies, and Town employees herein called " Town Officials" for the purpose of receiving goods, services, or other contributions for the Town. Targeted solicitation excludes the direct petition for government, private, or non - profit grants for Council- approved programs, projects, and services. Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town.
BROAD OUTREACH GUIDELINES
Broad Outreach
Broad outreach is defined as the process of informing a broad spectrum of individuals, companies, foundations, non - profit organizations, or other entities of donation opportunities through various communication vehicles, including but not limited to written, electronic, or internet - related publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by the Town Manager or designee subject to the guidelines provided in this policy.
The following broad outreach guidelines apply when communicating a Town need for goods, services, or other contributions:
ATTACHMENT 2 Page 132
Page: Policy Number:2 -17
Title: Solicitation and Donation 2 of4
Broad outreach must relate to a Town Council- approved purpose, service, project, or program.
Broad outreach for goods, services, or other contributions should be made by using a variety of communication methodologies to ensure outreach to the entire community.
Donations shall not be made under the guise, pretense, or presumption of receiving official Town endorsement or approval of the donating party, product, project, or activity.
PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS
The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities. Council consideration and approval of the list of Town needs may occur as part of the annual operating and capital budget development process and can be amended by Council at any time.
DONATION ACCEPTANCE GUIDELINES
All goods, services, or other contributions offered by individuals, companies, foundations, non - profit organizations, or other entities will be considered for acceptance or rejection, including items offered for donation that are identified on a Council approved list of needs. The acceptance of all donations to the Town will be based on the following guidelines.
Purpose of the donation.
Community or municipal need for the donation.
Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws.
Timeliness of the donation as it relates to implementation.
Level of benefit and financial impact to the Town.
All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure consistency with established policy guidelines.
AUTHORITY TO ACCEPT DONATIONS
The authority to accept all donations is based on the market value of the donation as reasonably determined.
Donations $25,000 and Under
The Town Manager or designee is authorized to accept or reject all minor donations that have a market value equal to or less than $25, 000.
Donations over $25,000
7 Title: Solicitation and Donation
The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000.
Ongoing Annual Donations from 501( c)( 3) Organizations dedicated to supporting specific Town Departments in Offering Community Services:
Potential uses for donation funds will be discussed and agreed upon with the respective nonprofit bodies, in accordance with the Council approved Solicitation and Donation Policy.
Funds donated will be placed into accounts as designated by the Finance Director.
The departments may expend donated funds once received and deposited into the appropriate account only for items identified on the Council approved Town of Los Gatos Donation Opportunities List of Town Needs, which is approved annually with the Town' s operating budget.
At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the Town Manager and Town Council.
PROCEDURES FOR ACCEPTING MAJOR DONATIONS
For all major donations, a staff report, containing analysis based on the donation acceptance guidelines established in this policy, will be written to guide the Council when considering major donations. The report will also provide donation recognition alternatives for Council consideration should the donation be accepted. The Council will determine on a case by case basis if the donation should be accepted or rejected.
DONOR RECOGNITION GUIDELINES
Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations, and policies. Recognition of donations will be determined by the Council or Town Manager and shall be consistent with acceptance requirements of this policy and the guidelines set forth below:
Donations accepted by the Town may be acknowledged through one or more of the forms of recognition as indicated below. Other forms of recognition may be approved by the Town Council via resolution if compelled by special circumstances which shall be specified in the resolution.
Written and /or verbal recognition.
Public recognition at Town Council meetings.
Inclusion in Town public communication materials, such as electronic media and selected publications.
Plaques.
Title: Solicitation and Donation
Policy Number:2 -17
Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and organizations according to the following standards:
Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset.
Plaques shall include the name( s) of the person(s) being recognized and applicable date, with standard wording limited to:
The Town of Los Gatos recognizes and appreciates
his /her /their] donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
organization] for its donation to [identify facility].
The Town of Los Gatos recognizes and appreciates
to [identify facility] in the name of
Or language acceptable to the Town Council.
and his /her family] for
business or
for [his /her /its] donation
The size of the plaque shall not exceed 8 "x10," unless the number of donors exceeds the allowable space. For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent with acceptance requirements of this policy or by Council on a case by case basis should special circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances and approved by the Town Council via resolution, Town facilities shall not be named after an individual, group, organization or business as a result of any donated good, service, or other contribution to the Town.
APPROVED AS TO FORM:
Robert Schult T wn Attorney
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works 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: 9
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024 RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. (Attachment 1) to provide services as the “Acting Town Surveyor” for various land development mapping services, extending the term to June 30, 2024.
BACKGROUND:
As part of its Engineering Development Services, the Town conducts various mapping, map check review, and land surveying services. The Parks and Public Works Department does not have a Town Surveyor on staff, so these services are performed by a consultant who acts as the Town Surveyor. This includes the review of parcel maps and final maps; legal descriptions and plats for lot line adjustments, easements, and rights-of-way dedications; certificates of compliance; and other documents for technical correctness, adherence to codes, ordinances, the Professional Land Surveyor’s Act, and the Subdivision Map Act.
Several complicated and sometimes invalid requests for lot line adjustments and map approvals come from developers looking to create new developable lots in the Town. These requests require review by an experienced survey consultant with extensive knowledge in the field of historical chain of title review to verify the validity of these requests.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024 DATE: March 22, 2023
BACKGROUND (continued):
In 2018, the Town Council authorized a five-year agreement with Kier and Wright Civil Engineers and Surveyors, Inc. (Exhibit A) to serve as the Town’s Surveyor, which will expire June 30, 2023.
The Town is required to use a licensed surveyor by California’s Subdivision Map Act Law for review and signing of development maps and other land development documents. The Engineering Division has staff shortages and currently does not have the staff capacity to issue a new Request for Qualifications (RFQ) prior the expiration of the current agreement term.
DISCUSSION:
In addition to their previous experience completing challenging mapping services for the Town, Kier and Wright has a total of 12 California registered land surveyors on staff and available to assist the Town with complicated land development applications. This contract extension to June 30, 2024 will allow Kier and Wright to continue to review and sign the development maps and other land development documents, allowing engineering staff to develop a new RFQ and put a new contract with a qualified firm into effect by July 1, 2024.
CONCLUSION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Consultant Services with Kier and Wright to provide services as the “Acting Town Surveyor” for various land development mapping services extending the term to June 30, 2024.
FISCAL IMPACT:
This agreement is based a cost recovery activity as part of the development review process in which the Town uses fees and deposits collected from various development applications to pay for these services.
The original agreement was written with a ‘not to exceed’ amount of $125,000; however, the First Amendment will reflect the following for compensation language:
Compensation for Consultant’s professional services shall not exceed the established hourly rates and payment shall be based upon Town approval of each task.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide Services as the “Acting Town Surveyor” for Various Land Development Mapping Services, Extending the Term to June 30, 2024 DATE: March 22, 2023
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no further action is required.
Attachments:
1. First Amendment with Exhibit A - Agreement for Consultant Services with Kier & Wright Civil Engineers and Surveyors, Inc., and Exhibit B - Rate Sheet
1 of 2
Kier & Wright Civil Engineers and Surveyors, Inc.
First Amendment to Agreement for Consultant Services
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 6
th day of June 2023 and amends that certain AGREEMENT FOR CONSULTANT SERVICES dated August 7, 2018, made by and between the Town of Los Gatos, ("Town,") and the Kier & Wright Civil Engineers and Surveyors, Inc. (“Consultant”) identified as a C Corporation and whose address is 2850 Collier Canyon Road, Livermore, CA 94551.
RECITALS
A. Town and Consultant entered into a Consultant Services Agreement on August 7, 2018 (“Agreement”), copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Consultant Services to extend the term, to add to the compensation and the add to the minimum scope of insurance of the agreement.
AMENDMENT
1. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from August 7, 2018, to June 30, 2024.
2. Section 2.6 Compensation is amended to read:
Compensation for Consultant’s professional services shall not exceed the established hourly rates, as set forth in the Fee Schedule (Exhibit B), which is attached hereto and incorporated herein by reference. Payment shall be based upon Town approval of each task.
3. Section 3.1 Minimum Scope of Insurance is amended to read as follows:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm 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.
4. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
2 of 2
Kier & Wright Civil Engineers and Surveyors, Inc.
First Amendment to Agreement for Consultant Services
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Joe Thompson, Principal
Department Approval:
_______________________________________
Nicolle Burnham
Parks and Public Works Director
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
I
IHH
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on August 7, 2018 by and between TOWN OF LOS GATOS, a California municipal corporation, ( " Town ") and Kier & Wright Civil Engineers and Surveyors, Inc., ( " Consultant "), whose address is 2850 Collier Canyon Road, Livermore, CA 94551. This Agreement is made with reference to the following facts.
I. RECITALS
1. 1 The Town desires to engage Consultant to provide services as the designated " Acting Town Surveyor" for various land development mapping services as needed.
1. 2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1. 3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2. 1 Scope of Services. Consultant shall provide services as described in that certain Request for Statement of Qualifications for Town Surveyor Consultant Services 2018, which is hereby incorporated by reference and attached as Exhibit A. Services will include lot line adjustments, map review, vacations, review of right of way, Certificates of Compliance, plats and legals, dedications /proposed easements, easement abandonment, lot mergers and general land surveying services. The Consultant will review, sign and stamp documents as needed and identified in the State of California Subdivision Map Act on behalf of the Town.
2.2 Term and Time of Performance. This contract will remain in effect from August 7, 2018 to June 30, 2023.
2. 3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 ofthe Code ofthe Town of Los Gatos.
2. 4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
2.5 Inforrnation/ Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of Consultant' s services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services Agreement for Consultant Services — Kier & Wright — Town Surveyor Services 2018
EXHIBIT A
pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town' s risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2. 6 Compensation. Compensation for Consultant' s professional services shall not exceed 125, 000, inclusive of all costs. Payment shall be based upon Town approval of each task.
2. 7 Billing. Billing shall be monthly by invoice within thirty ( 30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty ( 30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P. O. Box 655
Los Gatos, CA 95031 -0655
2. 8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the Consultant' s offices during business hours upon written request of the Town.
2. 9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town.
2. 10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee ofthe Town. As an independent contractor he /she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is Agreement for Consultant Services — Kier & Wright — Town Surveyor Services 2018
brought by Consultant or is based on allegations of Consultant' s negligent performance or wrongdoing.
2. 11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. hi addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.
2. 12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: one million dollars ($ 1, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/ her staff to an amount not less than one million dollars ($ 1, 000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
Agreement for Consultant services — Kier & Wright — Town Surveyor Services 2018
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $ 1, 000, 000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Consultant' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self - insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant' 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 Consultant' 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.
3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, 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. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3. 3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees.
3. 4
Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant' s officers, employees, or agents or any subconsultant.
Agreement for Consultant Services — Kier & Wright — Town Surveyor Services 2018
IV. GENERAL TERMS
4. 1 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 a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4. 3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, including costs of appeal.
4. 6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos Kier & Wright Civil Engineers and
Attn: Town Clerk Surveyors, Inc.
110 E. Main Street 2850 Collier Canyon Road
Los Gatos, CA 95030 Livermore, CA 94551
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4. 8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, Agreement for Consultant Services — Kier & Wright — Town Surveyor Services 2018
unless hereafter made in writing and signed by the party to be bound, shall be binding on either patty.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel revetti, Town Manager
Consultant, by: J` (, p— BC till P-I L -H T
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SvRVey5, INC.
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Approved as to Form:
Robert Schultz, 001 ttorney
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PROPOSAL FOR TOWN OF LOS GATOS RFQ
FOR TOWN SURVEYOR SERVICES
KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC.
a 0
2850 Collier Canyon Rd Livermore, California 94551 ( 9251245- 8788 FAX( 925) 245- 9796 MAY 17th, 2018
EXHIBIT A
May 17, 2018
Town of Los Gatos
Lisa Petersen, Assistant Director/ Town Engineer
41 Miles Avenue
Los Gatos, CA 95030
RE: REQUEST FOR QUALIFICATIONS FOR TOWN SURVEYOR SERVICES Dear Ms. Petersen,
We are pleased to present the following qualifications to provide the Town of Los Gatos with on -call land surveying consulting services. As a local Bay Area firm, we are extensively experienced in providing efficient, cost - effective surveying services for a wide variety of projects throughout the Bay Area and its surrounding regions, and are providing services similar as those requested in the Town' s RFC? for many agencies and municipalities. Since 1972, Kier & Wright has completed thousands of projects throughout the Bay Area. We are confident that we will continue be a good fit for the Town' s projects, as we have in the past, and we look forward to this opportunity to continue working with you.
We currently have offices in Livermore, Santa Clara, Ventura, Manteca, and Rancho Cordova. Services for the Town will be managed and provided out of our corporate headquarters in Livermore.
With a team of 35 technical land surveying staff based in our Livermore office and 20 additional supporting staff, including a fully equipped team of union field survey crews available for dispatch from this location, we are confident that we have the resources to manage and perform any and all survey tasks for the Town out of our headquarters. However, in the event that the Town' s preferred schedule would be better served by concurrent dispatch of field survey crews to all survey sites within the Town, the Town may also utilize the team of 37 technical land surveying staff based 12 miles from the Town offices in Kier & Wright' s Santa Clara office. The Santa Clara survey team includes an additional fully equipped team of field survey crews available for dispatch to the Town of Los Gatos.
1, Joe Thompson, a California licensed land surveyor and a principal ofthe firm, will serve as the primary point of contact for this submission and any resulting project - specific requests for proposals, and will manage and oversee Kier & Wright land surveying projects for the Town. The following is a brief introduction to myself and the other key personnel on our proposed project team.
We appreciate the opportunity to provide you with our qualifications. We look forward to continuing our work with you on future projects and we hope this submission meets with your approval. Please feel free to contact me directly with any questions, comments, or requests for additional information.
Sincerely,
KIER & WRIGHT, CIVIL ENGINEERS AND SURVEYORS, INC.
Joe Thompson, PLS I Vice President
Phone: 925. 245.8788
Email: ithomoson@kierwright. com
2850 Collier Canyon Rd • Uvermore, California 94551 - ( 925) 245 - 8788 - FAX { 925) 2458796
FIRM PROFILE
KIER & WRIGHT I California Corporation I EST. 1972
Kier & Wright is a civil engineering and land surveying firm specializing in land development. As a firm that provides civil design services, we understand the importance of having high - quality, accurate, design -level topographic surveys. Our land surveying department produces topographic surveys for use in our own civil engineering plans. Through this coordination with our in -house civil design professionals, our surveying personnel have an in -depth understanding of the user experience, and know how to produce the optimal product showing the desired level of detail for utilization in the design process. In addition to providing these services for our own design work, Kier & Wright' s client base includes numerous architects and engineers who rely on Kier & Wright to provide them with base mapping and design - level topographic surveying for their projects.
Kier & Wright Civil Engineers & Surveyors has been committed to providing both public and private sector clients with high - quality, cost - effective, efficient civil engineering and land surveying services since 1972 Services offered include street and highway design, municipal consultation, utility engineering and the preparation of civil engineering plans for residential, commercial and industrial site developments. Kier & Wright is a California corporation with offices located in Santa Clara, Livermore, Ventura, Manteca, and Rancho Cordova.
The firm is currently staffed by 160 employees, including 17 registered civil engineers and 14 licensed land surveyors. Additional staff includes 72 civil engineering and land surveying technical personnel, 27 administrative and financial support staff and, depending on construction staking demands throughout the year, 20 -35 field survey personnel.
2850 Collier Canyon Rd - Livermore, California 94551 - ( 925) 245 -8788 - FAX ( 925) 245 -8796
KIER & WRIGHT
r CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018
age 3 of 14
Kier & Wright has extensive experience in the following categories of civil engineering and land surveying services:
Topographic, A. D. A. and boundary surveys.
Map checking.
ALTA property surveys.
Due Diligence" site investigations.
Street and highway design.
Civil Engineering for site development of virtually all types of land development projects. Types of projects designed include corporate campus developments at up to two hundred acres in size, retail shopping centers, apartment complexes, airports, schools, medical facilities, housing developments, parks and automotive dealerships.
Construction Staking.
Kier & Wright is committed to providing efficient, cost effective services to our clients. Growth of the firm has been due entirely to referrals, repeat business, and the firm' s underlying philosophy that demands the highest quality professional service, responsibility to client needs, timeliness and efficiency. Kier & Wright' s principals review plans and project schedules continually and are actively involved in the design of all projects prepared by the firm. Our principals and senior staff are well -known in city and county public works departments throughout the San Francisco Bay Area and strive to maintain cooperative and friendly working relationships with public staff.
OUR RESOURCES
Kier & Wright civil and survey staff are experts in CAD drafting and design, and have extensive experience with AutoCAD Civil3D applications. Our civil and survey technicians and staff run Autodesk Civil 3D 2018 on custom - built Dell Workstation Computers with Intel Xeon Processors. All files and data are stored and backed up to secure, off -site data servers.
Kier & Wright field survey crews have the training, experience, and gear necessary to accurately, efficiently, and safely perform all types of field surveying, including boundary and topographic surveys, ALTA surveys and construction staking. Each crew is equipped with a fully stocked truck, digital levels, rods, layout staffs and a Trimble S- series Robotic Total Station with a Trimble TSC3 Data Collector, running the latest Trimble Access software. Our crews use Trimble R -8 and R - 10 GNSS receivers and Trimble Business Center Software to adjust traverses by both conventional and GPS methods.
Our field survey operation is one of the most prolific in Northern California. Kier & Wright was the recipient of the California Civil Engineers and Land Surveyors Association' s Survey Hours Champion award in 2017, 2015, 2014, 2012, 2011, 2009, 2008 and 2007.
Below are examples of recent on -call surveying contracts for which this proposed staff is successfully providing similar services listed in this RFQ:
Surveying Services for Alameda County Public Works Agency ( 2001- Present) Surveying services for Alameda County Zone 7 Water Agency (2002 - Present) Surveying services for City of Pleasanton ( 1998- Present) Surveying services for City of Hayward ( 2000- Present) Surveying services for City of Fremont ( 1998- Present) Surveying services for City of San Leandro (1994- Present) Surveying services for City of Dublin ( 2014- Present)
Surveying services for City of Walnut Creek ( 2016- Present) Surveying services for City of Milpitas ( 2017- Present) 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796
REFERENCE: CITY OF FREMONT ON - CALL SURVEYING EXPERIENCE Client: City of Fremont, Public Works / Engineering Division Year: 1998 - Present
Contact: Tom Dougherty, City Surveyor j- re"
Phone: ( 510) 494 -4715
Managers: Joe Thompson, PLS
Surveyors: Rod Stewart II, PLS
Project Description:
Kier & Wright has been providing on -call surveying services to the city of Fremont since 1998. We have completed over 117 task orders for the City to date. Over our long history with the City of Fremont, we have consistently performed our work on -time and on or under budget. Below are a few examples.
Services Performed Include:
Topographic survey and area wide Right of Way mosaic compilation for redevelopment and project feasibility studies of the Main Street at Washington neighborhood.
Professional Land Surveyor for the City of Fremont handling the finalization of the documentation for the Bart Warm Springs extension. This task included the preparation of plats and legal descriptions for City parcels, right of way record maps The initial set -up and on -going slide monitoring survey for a street section in the Fremont hills Preparation of right of way record maps for Caltrans for the Auto Mall Parkway / Interstate 880 interchange modification project.
Parcel and Subdivision map checking services and map boundary review service.
REFERENCE: CITY OF HAYWARD ON CALL SURVEYING EXPERIENCE Client: City of Hayward, Public Works, Engineering and Transportation Year: 2000 - Present
Contact: Dan S. Scott III, City Surveyor
Phone: 510) 583 -4796
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Manager: Joe Thompson, PLS W_ o. , „ e .. I
Surveyors: Rod Stewart II, PLS
Project Description:
Kier & Wright has been providing both individual project surveying services and on call surveying services to the city of Hayward since 2000. Over the years we have completed numerous contracts for the City. Two of these projects are the Hayward Cannery Project and the B Street at Foothill Projects.
The Hayward Cannery Project scope included topographic and boundary surveys for the initial feasibility study and partial final City design documents on a 70 -acre site. The Boundary Survey included the resolution of numerous commercial and residential parcels.
The B Street at Foothill site scope included extensive topographic surveying and boundary resolution for two adjacent smaller sites in the formal downtown portion of the City. All sites had a large amount of improvement and property transfer history that had to be unraveled in order the provide the City with a current platform for orderly development.
2850 Collier Canyon Rd Livermore, California 94551 • ( 925) 245 -8788 FAX ( 925) 245 -8796
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KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
Services Performed Include:
5/ 17/ 2018
age 5 of 14
Boundary Surveys that included the resolution of numerous commercial and residential parcels.
Record of Surveys of the Cannery Redevelopment Area that was used to set the stage for a multifaceted redevelopment project.
Topographic Surveys for the initial feasibility study and partial final City design documents on a 70- acre site in an older industrial area of the City.
Parcel mapping services to re- subdivide portions of the Cannery Project.
Accounting for vast histories of improvement and property transfers for numerous agencies at each site.
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: ALAMEDA COUNTY PUBLIC WORKS AGENCY ON CALL SURVEYING EXPERIENCE Client: Alameda County Public Works Agency
Year: 2001 -2004, 2010 -2013, 2015 — Present
Contact: Bob Machado, ( 510) 670 -5792
Contact: Michael Rubner, ( 510) 670 -5495
Manager: Joe Thompson, PLS Pubfic gmcv
Surveyor: Rod Stewart II, PLS -- : Uam, dat ` un'
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Project Description
This project was a design level topographic survey of approximately 2. 5 miles of the Alameda Creek Channel from southerly of the Bart Bridge to Decoto road ( See Ehibit 1: Alameda Creek Channel). This survey was completed under a compressed schedule and the final delivery was made on a 29 day schedule.
Services Performed Include:
Deliverables were prepared using AutoCAD Civil 3D formatting Creating a precise control network for the survey work to be performed including utilizing a digital level to establish elevations on all survey control points Implementing four (4) survey crews all working together at the same time to expedite timing.
Utilizing four (2) Trimble R -8 GPS rovers from the same base station in order to expedite timing.
REFERENCE: CITY OF DUBLIN ON CALL SURVEYING EXPERIENCE
Client: City of Dublin, Public Works Department
Year: 2014 - Present
Contact: Laurie Sucgang, P. E.
Phone: 925) 833 -6630 DUBLIN
Manager: Joe Thompson, PLS NE NkW
Surveyor: Y Dean Jurado, PLS AMERICAN BACKYARD
Project Description
Kier & Wright has been providing both individual project surveying services and on call surveying services to the City of Dublin since 2014 and has ensured that each project is prioritized to deliver on -time. 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796