ITEM NO. 9.
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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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Approved as to Form:
Robert Schultz, 001 ttorney
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DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
Alt
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
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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
a ,
H A Y WA R D
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
k"
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 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
0/ KIER & WRIGHT
VJ CIVIL ENGINEERS & SURVEYORS, INC.
Services Performed Include:
5/ 17/ 2018
Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.
Assist with rewriting Subdivision Mapping review requirements, Subdivision Ordinance Chapters and other Ordinances as requested.
Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.
Review of Legal Descriptions and Plats for Lot Line Adjustments, Misc. Easements and Street Dedications.
REFERENCE: CITY OF WALNUT CREEK ON CALL SURVEYING EXPERIENCE AND MAP CHECKING Client: City of Walnut Creek, Public Works Department
Year: 2016 - Present
Contact: Kirsten Hanson, P. E.
Phone: ( 925) 943 -5899 ( ext. 2266)
Contact: Cathleen Terentieff, P. E.
Phone: ( 925) 943 -5899 ( ext. 2241) WALNUT
Manager: Joe Thompson, PLS CREEK
Surveyor: Dean Jurado, PLS
Project Description:
Kier & Wright has been providing both individual project surveying services and on call surveying services to the City of Walnut Creek since 2016.
Services Performed Include:
Review of Parcel Maps, Condominium Maps and Tract Maps for technical correctness.
Review of Legal Descriptions and Plats for Lot Line Adjustments, Misc. Easements and Street Dedications.
2850 Collier Canyon Rd Livermore, California 94551 ( 925) 245 -8788 FAX( 925) 245- 8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
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DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
10E THOMPSON, PLS
Vice President, Project Manager
EXPERTISE
Right - of -Way surveys, parcel maps, record of surveys, Land title surveys, topographic surveys, well surveys, boundary resolution, condominium maps, and ALTA surveys.
BACKGROUND
Mr. Thompson, California P. L. S. 8121, was licensed as a Land Surveyor in July of 2006 and has 20 years of professional experience in the land development field. He is proficient in boundary resolution, mapping, A. L.T.A. Surveys, legal descriptions, monitoring surveys for horizontal and vertical movements, analysis and resolution of public and private title issues, construction setup, monumentation, and topographic surveys. Mr. Thompson is well- versed in the processing and adjusting of control data for GPS static surveys and conventional surveys. Mr. Thompson provides project planning, management, and coordination along with the review of project deliverables and ensures clients are informed on the status of their projects. While at another firm, he was heavily involved in the success of the ADA upgrades at the Google Campus in Mountain View where he performed utility research, base mapping, control surveying, and topographic mapping for several building sites.
REPRESENTATIVE PROJECT EXPERIENCE
Alameda Creek Bridge — Pleasanton, CA
Alameda County Water District — Large Diameter Hayward Fault Pipeline Retrofit Project Airport Flood Protection Project — Livermore, CA
Zone 7 Water Agency — Del Valle Water Treatment Plant Superpulsator Rehabilitation Project Topographic Survey of De La Salle High School Gym & Theater Areas, Concord, CA Tennyson High School High School Design -Level Topographic & Boundary Survey Livermore Valley Performing Arts Center — Livermore, CA City of Pleasanton 1 - 680 Sewer Project
City of Pleasanton Vineyard Avenue Sewer Project
City of Pleasanton Map Review for various Parcel Maps and Tract Maps Zone 7 Water Agency — Arroyo Macho Topographic and Cross Section Survey Zone 7 Water Agency — UPRR Parcel Topographic Survey, Plat & Legal Desc., & Site Plan Zone 7 Water Agency — Cope Lake Water Transfer Survey Control, Topographic Survey, and Staking Alameda County Water District— Large Diameter Hayward Fault Pipeline Retrofit Project Various on -call projects for the Cities of Hayward and San Leandro.
Rosita Park — City of Los Altos, CA
REGISTRATION
Professional Land Surveying License ( PLS) State of California L 8121 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 • FAX ( 925) 245 -8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
KIER & WRIGHT
i CIVIL ENGINEERS & SURVEYORS, INC.
ANTHONY MCCANTS, PLS
President QA / QC
EXPERTISE
5/ 17/ 2018
age 9 of 14
Right -of -Way surveys, parcel maps, record of surveys, Land title surveys, topographic surveys, well surveys, boundary resolution, condominium maps, and ALTA surveys.
BACKGROUND
Mr. McCants, California P. L. S. 5944, joined the Kier & Wright team in March of 1979. He was registered as a Land Surveyor in 1988, and is the firm' s corporate president. Mr.
McCants has decades of varied experience in land surveying, including extensive construction staking experience. In addition to his experience at Kier & Wright, while working with another local land surveying firm, Mr. McCants was responsible for several large United States Army Corps of engineers mapping projects in Utah and in Merced County, California. Mr. McCants is on the Board of Directors and is a past President of the California & Nevada Civil Engineers & Land Surveyors Association ( CELSA). He is currently the co- chairman of the Northern California Surveyors Joint Apprenticeship Committee. As chairman of the NCSJAC, he is involved in charting the future for the Surveyors Apprenticeship program in a direction that will move the next generation of surveying professionals in the direction of a professional surveying career. The program emphasizes a combination of hands on training, a common - sense approach to surveying, professional education and career discipline that provides apprentices with a solid foundation upon which to build a land surveying career. As a working principal, he is actively involved in the day -to -day operations of the firm. He has been honored by the CELSA as having the largest field surveying operation in the northern 46 California counties for 8 out of the last 13 years.
REPRESENTATIVE PROJECT EXPERIENCE
City of Hayward — Record of Survey and Parcel Map for the Cannery redevelopment area ( 21 -acre site) Topographic Survey for De La Salle Track & Practice Field Areas, Concord, CA Topographic Survey for De La Salle Swimming Pool, Concord, CA Home Depot distribution facility in Tracy for AMB Property (44 -acre site) Rossmoor Retail Center in Walnut Creek for Washington Capital Management ( 15 -acre site) Costco in Danville for Costco Wholesale Corp. ( 10 -acre site) Cordes Ranch Project for Prologis in Tracy- survey boundary mapping and supervision ( 2, 300 -acre site) 1 - 580/ 1 - 205 at Mountain House Parkway overpass improvement mapping projects Tracy Arch Road Logistics Center, Stockton overall site Record of Survey mapping and Mariposa Road historic alignment retracement.
Crossroads Business Park, Lathrop onsite survey support for the development team projects.
Lathrop Industrial Project, Lathrop provided all mapping and survey support for the development team Various Surveys for the El Charro Specific Plan Area for the City of Livermore — Livermore, CA Alameda Creek Topographic survey for the City of Fremont — Fremont, CA Topographic & Cross Section Surveys of East 1411 Street & 150 " Avenue for the City of San Leandro — San Leandro, CA
Alameda County Surveyors Office On - Call Contract Manager
REGISTRATION
Professional Land Surveying License ( PLS) State of California L 5944 2850 Collier Canyon Rd - Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
4 KIER & WRIGHT
r CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018
Y
Pace 10 of 14
DEAN JURADO, PLS
Senior Surveyor
Years of Experience: 33
EXPERTISE
Mr. Jurado specializes in all surveying services such as map checking, right of way surveys, record of surveys, land title surveys, topographic surveys, well surveys, boundary resolutions, condominium maps, and ALTA surveys. He excels in AutoCAD Land desktop, AutoCAD Civil 3D, MS Word, MS Excel, and Trimble Business Center.
BACKGROUND
Mr. lurado, PLS, has 32 years of experience in land surveying. He has been associated with Kier & Wright since 2012 and has extensive experience in land surveying for public and private developments. His specialties include map reviewing and on -call map checking services and well as general land surveying expertise such as topographic surveying and ALTA surveying.
REPRESENTATIVE PROJECT EXPERIENCE
City of Tracy On -Call Maps & Plat Checking — Tracy, CA City of Merced On -Call Map Checking — Merced, CA
City of Livingston On -Call Maps & Plat Checking — Livingston, CA Cisco Campus — San Jose, CA
Costco Depot— Tracy, CA
Coleman -High line ( Avaya Stadium) — San Jose, CA
NVIDIA Campus — Santa Clara, CA
Santa Clara Town Centre — Santa Clara, CA
REGISTRATIONS
California Licensed Land Surveyor, PLS 9032
EDUCATION
General Education and Engineering — San Joaquin Delta College, Merced Junior College, Modesto Junior College
PROFESSIONAL HISTORY
33 Years Professional Experience in the Land Development Field since 1985, Joined Kier & Wright in 2012
2850 Collier Canyon Rd - Livermore, California 94551 .( 925) 245 -8788 FAX( 925) 245- 8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
5/ 17/ 2018
Palle 11 of 14
ROD STEWART II, PLS
Senior Surveyor
EXPERTISE
Right -of -way surveys, Parcel Maps, Record of Surveys, Topographic Surveys, Monitoring Well Surveys, Boundary Resolution, bridge surveying, ALTA surveys, Subsidence Monitoring Surveys and Construction Staking Calculations,
BACKGROUND
Mr. Stewart has 18 years of experience in the surveying including 8 years in the field. His experience includes construction surveying, boundary surveying, mapping, and subdivision work related to land development. Specific survey experience includes construction staking, topographic surveys, benchmark level circuits, elevation monitoring surveys, tentative maps, parcel maps, final maps, condominium plans, plats and legal descriptions, lot line adjustments, lot combinations, and ALTA / ACSM Land Title Surveys. Mr. Stewart is proficient in AutoCAD Civil 3D 2016, Trimble Business Center and fluent with Trimble and Topcon GPS and Total Station field Survey equipment.
REPRESENTATIVE PROJECT EXPERIENCE
Bay Bridge Demolition Project — Construction Calculations, 3D modeling and Topo — California Engineering Contractors — San Francisco, CA
Premium Outlets — Construction Calculations Topo, Mapping and Project Management — Livermore, CA Pleasanton Subsidence Monitoring — Monitoring Program Management —Zone 7— Pleasanton, CA Oaks Business Park— Construction Calculations, Topo & Mapping — Livermore, CA International Park of Commerce —Topo and Boundary — Tracy, CA Clorox Campus— Construction Calculations and Project Management — XL Construction — Pleasanton, CA Stagg High School Phase 1 Topographic Survey for Stockton Unified School District, Stockton, CA Hayward High School Design -Level Topographic & Boundary Survey Mt. Eden High School Design - Level Topographic & Boundary Survey Tennyson High School High School Design -Level Topographic & Boundary Survey Holly Street Interchange —Topo, Boundary and Mapping —San Carlos, CA Arch Road Business Park — Topo & Mapping — Opus — Stockton, CA Construction Staking Services for Washington High School Improvements, Fremont, CA
REGISTRATION
Professional Land Surveying License ( PLS) State of California L 9225
PROFESSIONAL HISTORY
1998 — Present, Kier & Wright Civil Engineers and Surveyors, Livermore, CA 2850 Collier Canyon Rd Livermore, California 94551 .( 925) 245 -8788 • FAX ( 925) 245 -8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
1 KIER & WRIGHT
1 CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018
RICHARD J. HICKENBOTTOM, PLS
Project surveyor
Mr. Hickenbottom earned his Professional Land Surveyors License in 2009 and holds over 17 years of combined field and office surveying experience. He has been associated with Kier & Wright since 2013. During this time he has performed surveys for the Alameda County Flood Control & Water Conservation Distirct Zone 7 for level runs and flood channel topographic surveys for District Zones 5 and 6. Mr. Hickenbottom alsoworked on the yearly level runs forthe Santa Clara Valley Water District Alum Rock Loop in San Jose.
KC KELLER
Survey Technician
Mr. Keller became a Kier & Wright team member in 2013 after interning for us. He graduated from Fresno State' s Gematics Engineering program in 2012 and holds 8 years of construction staking field experience. Additionally, he has 9 years of experience working with various versions of AutoCAD. Mr. Keller is well versed in the surveying of ALTA' s and is skilled in mapping research including parcel maps, property corners, and records of survey. Recently, he has been the survey technician for the Skylark project in Tracy and has been providing conformance surveys for various track projects throughout the Ray Area.
GERRY HAMMOND, PLS
Senior Land Surveyor, Construction Staking Manager
Mr. Hammond, California P. L. S. 8166, was licensed as a Land Surveyor in July of 2006. He is proficient in various construction projects including: residential, mid -rise, shoring, commercial, industrial, transportation, infrastructure projects, boundary resolution, mapping, A. L.T.A. Surveys, legal descriptions, monitoring surveys for horizontal and vertical movements, analysis and monumentation, and topographic surveys. Mr. Hammond is well versed in the processing and adjusting of control networks for conventional and GPS surveys. As Senior Surveyor Mr. Hammond provides project planning, management, and coordination along with the review of project deliverables and ensures clients are informed on the status of their projects. In addition to managing field and office staff, Mr. Hammond also one of Kier & Wright' s top performing estimators, providing competitive costs while maintaining Kier & Wright' s impressive quality of work. 2850 Collier Canyon Rd - Livermore, California 94551 ( 925) 245- 8788- FAX( 925) 245- 8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
A %
KIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC. 5/ 17/ 2018
SUB- CONSULTANTS
Cooper Aerial Surveys Co. ( Aerial Surveying)
Cooper Aerial Surveys Co., est. 1966, has provided leading - edge aerial mapping solutions for over fifty years.
Their team applies extensive knowledge of computer science to bring Cooper to new heights in technology and innovation. Cooper' s approach employs the best of leading - edge technology, the experience of their seasoned team, and incorporates sound aerial mapping best practices.
With an average employee tenure of over 15 years, Cooper Aerial depends on the experience of its seasoned professionals to ensure the balance between best - practice, practical solutions and leading -edge technology.
This approach enables them to meet the needs of their clients and deliver successful projects based on their priorities; be it cost- effectiveness, speed of delivery, or levels of data collected.
The Cooper Aerial team offers unparalleled expertise and knowledge of data collection for urban and rural communities as well as vast natural environments.
Cooper' s expertise includes but is not limited to:
Terrestrial, Aerial & Photogrammetric Mapping
Topographic & Planimetric Survey
Ortho- Photography
LiDAR
Oblique Imagery
Remote Sensing
Volume Surveys
Historic Aerial
GIS
Geodata Processing
Erosion Surveys
Large -Scale Printing & Plotting
UAV /Drones
Safe2Core ( Underground Utility Locating)
COOPER AErZtP.. t_
SAFE2CORE personnel have more than 40 years of combined CAI experience in Concrete Scanning, Concrete Cutting, Utility Locating, and CCTV Pipeline Inspection. Their technicians have inspected a wide array of concrete structures, varying from simple inspections, such as locating rebar on concrete walls, to locating post- tension cables in highly complex structural concrete slabs. Their Concrete Cutting operators work in tandem with their Concrete Scanning technicians to insure that no damage is caused to any structural reinforcement or any other embedded targets when destructive work is performed. Their Utility Locating staff is well trained to map underground utility lines prior to excavation or concrete cutting using: GPR Locating, Electromagnetic Detection ( EM), and Magnetometers ( MAG). Safe2core' s CCTV Pipeline inspection technicians hold PACP /MACP /LACP certifications through NASSCO and can help you code defects, assess asset conditions and plan for rehab replacements of your water, drainage, and sewer systems. Safe2core CCTV vans are equipped with the latest Sonde Enabled Main Line and Push Cameras available. 2850 Collier Canyon Rd Livermore, California 94551 ( 925) 245- 8788- FAX( 925) 245- 8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
HOURLY RATE SCHEDULE
Effective March 1, 2018 through February 28, 2019
PRINCIPAL 243. 00 /Hour
PRINCIPAL ENGINEER / SURVEYOR 221. 00 /Hour
SENIOR ENGINEER 192. 00 /Hour
PROJECT ENGINEER 179. 00 / Hour
ENGINEER II 149. 00 / Hour
ENGINEER 124. 00 /Hour
SENIOR SURVEYOR 199. 00 /Hour
PROJECT SURVEYOR 177. 00 /Hour
SURVEY COORDINATOR 170. 00 /Hour
SURVEYOR II 143. 00 /Hour
SURVEYORI 122. 00 / Hour
ENGINEERING TECH II 162. 00 /Hour
ENGINEERING TECH 1 145. 00 /Hour
SENIOR DRAFTSMAN 124. 00 /Hour
DRAFTSMAN II 103. 00 / Hour
DRAFTSMAN 1 93. 00 / Hour
SURVEYTECH 95. 00 / Hour
1 - MAN SURVEY CREW 170. 00 / Hour
2 -MAN SURVEY CREW 275. 00 /Hour
3 -MAN SURVEY CREW 350. 00 /Hour
TESTIMONY ( TRIAL OR DEPOSITION) 475. 00 /Hour
PROJECT COORDINATOR $ 102. 00 / Hour
ENGINEERING COORDINATOR $ 88.00 /Hour
ENGINEERING / SURVEY INTERN $ 51.00 /Hour
All blueprinting and reproduction will be billed at cost plus 30 %. Time spent for preparation for testimony will be billed in accordance with the above hourly rates
2850 Collier Canyon Rd Livermore, California 94551 ( 92S) 245 -8788 FAX ( 925) 245 -8796 DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
DocuSign Envelope ID: 2FCD7269-F04F-42C3-8F1C-DC80C5ABB8FF
ITEM NO. 9.
Kier + Wright Hourly Rates | Central - CONFIDENTIAL - www.kierwright.com
HOURLY RATE SCHEDULE
Effective March 1, 2024 through February 28, 2025
Principal ............................................................................................................................................................................................................$ 302.00 / Hour Principal Engineer ..................................................................................................................................................................................... $ 274.00 / Hour Senior Engineer Manager.................................................................................................................................................................... $ 252.00 / Hour Technical Manager................................................................................................................................................................................... $ 252.00 / Hour Senior Engineer...........................................................................................................................................................................................$ 239.00 / Hour Engineer III .......................................................................................................................................................................................................$ 222.00 / Hour Engineer II.........................................................................................................................................................................................................$ 185.00 / Hour Engineer I..........................................................................................................................................................................................................$ 155.00 / Hour Senior Survey Construction Manager.........................................................................................................................................$ 246.00 / Hour Senior Land Surveyor.............................................................................................................................................................................$ 246.00 / Hour Project Surveyor III....................................................................................................................................................................................$ 220.00 / Hour Project Surveyor II......................................................................................................................................................................................$ 178.00 / Hour Project Surveyor I .......................................................................................................................................................................................$ 152.00 / Hour Survey Coordinator....................................................................................................................................................................................$ 210.00 / Hour Engineering Tech III .................................................................................................................................................................................$ 200.00 / Hour Engineering Tech II....................................................................................................................................................................................$ 181.00 / Hour Engineering Tech I.................................................................................................................................................................................... $ 169.00 / Hour Draftsman / Survey Tech III................................................................................................................................................................$ 155.00 / Hour Draftsman / Survey Tech II.................................................................................................................................................................$ 128.00 / Hour Draftsman / Survey Tech I ...................................................................................................................................................................$ 117.00 / Hour 3-Man Survey Crew..................................................................................................................................................................................$ 435.00 / Hour 2-Man Survey Crew..................................................................................................................................................................................$ 344.00 / Hour 1-Man Survey Crew...................................................................................................................................................................................$ 212.00 / Hour Testimony (Trial or Deposition)........................................................................................................................................................$ 589.00 / Hour Project Coordinator III..............................................................................................................................................................................$ 144.00 / Hour Project Coordinator II ...............................................................................................................................................................................$ 127.00 / Hour Project Coordinator I.................................................................................................................................................................................$ 110.00 / Hour Engineering / Survey Intern .................................................................................................................................................................$ 64.00 / Hour 3D Laser Scanning Crew .......................................................................................................................................................................$ 421.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.
Time spent for preparation for testimony will be billed in accordance with the above hourly rates.
EXHIBIT B
ITEM NO. 9.
PREPARED BY: Dan Keller
Facilities & Environmental Services Manager
Reviewed by: Town Manager, Assistant 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: 05/7/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to Install a Battery Storage System at the Library (CIP 821-2505) to Extend the Term and Time of Performance through June 30, 2025
RECOMMENDATION:
Authorize the Town Manager to execute a second amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) (Attachment 1) for a design-build-project to install a battery storage system at the Library (CIP 821-2505) to extend the term and time of performance through June 30, 2025.
BACKGROUND:
The Library Battery Storage Project (CIP 821-2505) includes the development of design plans and installation of a battery energy storage tied to the solar photovoltaic (PV) system at the Library. In FY 2020/21 Parks and Public Works staff issued a Request for Proposals (RFP) and AMS Electric LLC was selected. An Agreement for Services was executed on December 7, 2021 with an end date of June 30, 2023.
On June 6, 2023, a First Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2024 to allow for installation and completion of the project which was delayed due to extended plan review time with Santa Clara County Fire and delays in the manufacturing and delivery of equipment.
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a DesignBuild Project to Install a Battery Storage System at the Library to Extending the Term and Time of Performance through June 30, 2025
DATE: May 1, 2024
DISCUSSION:
Town staff and the consultant have completed steps critical to this project including pouring the concrete foundation and battery installation. Additional steps needed for completion are inspections for weld anchoring, internal HVAC installation, manufacturer requirements, PG&E, and Santa Clara County Fire. In addition, connection to the photovoltaic system (solar) and battery power commissioning are pending. An extension of the agreement term and time of performance is needed through June 30, 2025 to utilize existing grant funding and submit an application for a rebate on certain project costs.
CONCLUSION:
Authorize the Town Manager to execute a second amendment to the Agreement for Consultant Services 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, 2025.
This will enable the Town to utilize the two grants in place for this project and apply for a rebate for equipment purchases.
FISCAL IMPACT:
There is no fiscal impact related to this action. Adequate funding exists to complete the work.
Budget Costs
GFAR $ 30,000
State OES Community Power Resiliency Grant $ 300,000
Silicon Valley Clean Energy Grant $ 213,000
Total Budget $ 543,000
Consultant Services with AMS Electric LLC, dba Prime
Electric LLC $ 513,000
Misc. Project Costs $ 27,182
Total Costs $ 540,182
Remaining Balance $ 2,818
Battery Power Supply - Library
CIP No. 821-2505
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) for a DesignBuild Project to Install a Battery Storage System at the Library to Extending the Term and Time of Performance through June 30, 2025
DATE: May 1, 2024
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.
Attachment:
1. Second Amendment to Agreement for Consultant Services with Exhibit A (Original Agreement and First Amendment)
ITEM NO. 10.
Second Amendment to Agreement for Consultant Services
AMS Electric LLC dba as Prime Electric LLC
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES is dated for identification this 7
th day of May 2024 and amends that certain First Amendment to Agreement for Consultant Services dated June 6, 2023, made by and between the Town of Los Gatos, ("Town") and AMS Electric LLC dba as Prime Electric LLC (“Consultant”) identified as a Partnership and whose address is 1941 Ringwood Avenue, Suite 140, San Jose, CA 95130.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services for a DesignBuild of Battery Power Supply at the Library on December 21, 2021, (“Agreement”), a First Amendment to Agreement for Consultant Services on June 6, 2023, copies of which are attached hereto and incorporated by reference as Exhibit A to this Agreement.
B. Town desires to amend the Agreement to extend the term and time of performance.
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, 2025.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1 Page 177
ITEM NO. 10.
Second Amendment to Agreement for Consultant Services
AMS Electric LLC dba as Prime Electric LLC
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Danny Thomas, COO
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 10.
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.
DocuSign Envelope ID: FB9CAC8E-DC4F-4473-9A0D-4EBDCACC7BB6 Exhibit A
ITEM NO. 10.
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 DocuSign Envelope ID: FB9CAC8E-DC4F-4473-9A0D-4EBDCACC7BB6
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
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
ITEM NO. 10.
Town of Los Gatos
Battery Energy
Storage System
ELECTRICAL RFP
OCTOBER 22, 2021
EXHIBIT A
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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: ________________ DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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
Prime Electric.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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:
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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*
$205 Included.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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.
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
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
DocuSign Envelope ID: 29AE3D94-5C83-444F-9D9F-F809FBE8E893
ITEM NO. 10.
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: April 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve an Amendment to the Town Manager’s Employment Agreement RECOMMENDATION:
Approve an Amendment (Attachment 2) to the Town Manager’s Employment Agreement.
REMARKS:
In September 2015, the Town Council approved an employment agreement with Laurel Prevetti as Town Manager (Attachment 1). The agreement includes language in Sections 3 through 6 that indicates that the intent was to provide the Town Manager the same benefits as other employees, including cash out provisions (Section 3). Cash out of an employee’s unused vacation and unused sick leave is paid to all other Town employees at the time that an employee separates from the Town. The rate of pay for the unused vacation leave is 100% of the employee’s hourly rate. The maximum rate of pay for the unused sick leave is 50% of the employee’s hourly rate and is based on the employees hire date and length of service.
The current language in the Town Manager’s agreement in Section 7 is inconsistent with the other Sections and could be interpreted to prevent the typical cash out. Attachment 2 contains the proposed Amendment which would clean up the discrepancy and clearly provide for cash out of earned vacation and sick leave, while continuing to prohibit severance pay upon voluntary resignation.
The Town Manager reached the Town’s accrual cap in 2021 during the COVID-19 pandemic and no longer accrues vacation time. She is not expected to reach the sick leave cap.
COORDINATION:
The preparation of the proposed amendment was coordinated with the Town Attorney. The Finance Department prepared the estimated cash out value.
ITEM NO. 11.
PAGE 2 OF 2
SUBJECT: Town Manager Employment Agreement Amendment
DATE: April 26, 2024
FISCAL IMPACT:
If the Town Council approves the Amendment and the Town Manager leaves Town service on June 28, 2024, the estimated value of unused vacation (592 hours) and sick time (813 hours) is approximately $140,000 (pre-tax). The Department of the departing employee pays cash outs and is typically absorbed in the Town’s budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Original Employment Agreement
2. Proposed Amendment
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ITEM NO. 11.
ATTACHMENT 2
NINTH AMENDMENT TO THE TOWN MANAGER EMPLOYMENT
AGREEMENT
This Amendment to Town Agreement AGR 15-172 is entered into this 16th day of April, 2024, by and between the Town of Los Gatos, a municipal corporation (“TOWN”), and Laurel Prevetti (“EMPLOYEE”).
RECITALS
WHEREAS, Town and Laurel Prevetti executed an Agreement effective September 2, 2015 to provide Town Manager services to the Town;
WHEREAS, a First Amendment to the Agreement was executed on April 4, 2017 to amend the employment agreement to award a 4.43% wage increase to the annual base salary, effective on April 4, 2017 and a lump sum performance bonus of $3,000; and WHEREAS, a Second Amendment to the Agreement was executed on January 16, 2018 to amend the employment agreement to award a $8,000 wage increase to the annual base salary, effective on January 16, 2018; and
WHEREAS, a Third Amendment to the Agreement was executed on December 18, 2018, to amend the employment agreement to award a $16,250 wage increase to the annual base salary, effective on September 2, 2018 and a lump sum performance bonus of $3,300; and WHEREAS, a Fourth Amendment to the Agreement was executed on December 3, 2019 to amend the employment agreement to award a $13,750 wage increase to the annual base salary, effective on September 2, 2019 and a lump sum performance bonus of $5,000; and WHEREAS, a Fifth Amendment to the Agreement was executed on November 3, 2020 to amend the employment agreement to award a $12,500 wage increase to the annual base salary, effective on September 2, 2020 and a lump sum performance bonus of $5,000; and WHEREAS, a Sixth Amendment to the Agreement was executed on November 16, 2021 to amend the employment agreement to award a $5,250 wage increase to the annual base salary, effective on September 2, 2021; and
WHEREAS, a Seventh Amendment to the Agreement was executed on December 6, 2022 to amend the employment agreement to award a $8,033 wage increase (3%) to the annual base salary, effective on September 2, 2022, and a lump sum pandemic-related bonus of $2,500; and WHEREAS, an Eighth Amendment to the Agreement was executed on December 5, 2023 to amend the employment agreement to award a $13,789 wage increase (5%) to the annual base salary, retroactive to the anniversary date of September 2, 2023; and WHEREAS, the intent of the original Agreement intended for the Town Manager to enjoy the same benefits as other Town mangement employees regarding holidays, vacation, sick leave, other leaves, and other benefits, including the accrual, use, and redemption of vacation time, personal leave, administrative leave, and sick leave as stated in Sections 3 through 6 of the Agreement.
ITEM NO. 11.
ATTACHMENT 2
IT IS THEREFORE AGREED by the parties as follows:
Section 7(E) of the Agreement is amended to read as follows:
E. Voluntary Resignation.
MANAGER may voluntarily resign her position with TOWN before expiration of the term of this Agreement by giving TOWN sixty (60) days prior written notice.
No severance pay shall be due MANAGER upon any voluntary resignation.
All other terms of the original Employment Agreement remain in effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Town Manager Agreement on the date written above.
TOWN OF LOS GATOS
________________________________
Mary Badame, Mayor
____________________________
Laurel Prevetti, Town Manager
ATTEST:
_______________________________
Wendy Wood, Town Clerk
APPROVED AS TO FORM:
______________________________
Gabrielle Whelan, Town Attorney
ITEM NO. 11.
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Assistant 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: 05/07/2024
DATE: April 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME) to Contract Out Street Sweeping Services Effective July 1, 2024
RECOMMENDATION:
Approve and authorize the Town Manager to execute a Side Letter of Agreement between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME) to contract out street sweeping services effective July 1, 2024 BACKGROUND:
The Town of Los Gatos Department of Parks and Public Works conducts street sweeping using staff resources and Town-owned equipment. Sweeping is completed on all roads once each month and weekly in the downtown area.
The West Valley Solid Waste Management Authority (WVSWMA) Joint Powers Agency (JPA) has negotiated a new contract with its waste hauling contractor, West Valley Collection and Recycling (WVC&R). The Town is a member of this JPA. The new contract begins July 1, 2024.
The Town has the opportunity to have street sweeping performed by a third-party contactor that is managed by and paid for through WVC&R. The three other member agencies of the WVSWMA currently contract their street sweeping operations and would continue to do so under the new WVC&R contract. Contracting street sweeping services is not expected to change the rate that residents pay for trash collection services.
ITEM NO. 12.
PAGE 2 OF 2
SUBJECT: Approve a Side Letter of Agreement Between the Town of Los Gatos and the American Federation of State, County, and Municipal Employees (AFSCME) DATE: April 26, 2024
DISCUSSION:
Staff believes contracting out street sweeping services would be beneficial operationally, enhance pollution prevention efforts, reduce operating and maintenance costs of the Town’s street sweeper, and bring the Town into alignment with other WVSWMA member agencies.
The Town met and conferred with AFSCME to develop the proposed Side Letter (Attachment 1).
The Side Letter allows for street sweeping to be contracted out effective July 1, 2024, with no reduction in workforce. This would allow staff time to be reallocated to other pressing needs.
Employees may still be directed to perform street sweeping as needed.
In addition, the Side Letter suspends the Work Furlough Program, with the Town being able to restart the program to meet operational needs at its discretion. If the Work Furlough Program is restarted at a future date, the Side Letter also increases the premium pay for Maintenance Workers assigned to oversee the Work Furlough Program from 5% to 8%.
CONCLUSION:
Staff has met its obligation to meet and confer with AFSCME on the proposed Side Letter.
AFSCME has indicated support for the proposal. Therefore, it is recommended that the Side Letter of Agreement be approved, and the Town Manager be authorized to execute the Side Letter.
COORDINATION:
The preparation of this report was coordinated with the Human Resources Department, Parks and Public Works Department, Finance Department, Town Attorney’s Office, and Town Manager’s Office.
FISCAL IMPACT:
The operational costs of in-house street sweeping were fully offset by revenue received from WVSWMA and the costs of contracting out would continue to be covered by WVSWMA. There is no budget adjustment required to implement the Side Letter as the Work Furlough Program is currently suspended. If the Work Furlough Program is restarted, any costs associated with the increased premium pay would either be absorbed in the operating budget or a budget adjustment would be requested as needed.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Side Letter of Agreement Between Town of Los Gatos and AFSCME
ITEM NO. 12.
ATTACHMENT 1
SIDE LETTER OF AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND
THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) The Town of Los Gatos (Town) and the American Federation of State, County, and Municipal Employees (AFSCME) have met and conferred in good faith and hereby agree to the following:
1. Effective July 1, 2024, the Town will contract out street sweeping services to help improve garbage collection coordination and operations by aligning the Town with other West Valley Solid Waste Management Authority (WVSWMA) agencies and enhance pollution prevention efforts. This action will not result in a reduction in the workforce. At the Town’s discretion, employees may be directed to perform street sweeping duties as needed.
2. Effective the first full pay period after Council approval of this side letter, the premium pay for Maintenance Workers for supervision duties when assigned to the Work Furlough Program will increase from 5% to 8%, regardless of the number of Work Furlough Program staff supervised. All other provisions of Section 25: Work Furlough Program will remain in effect without changes.
3. Suspend the Work Furlough Program. The Town, at its own discretion, can restart the Work Furlough Program to meet operational needs.
The terms of this Side Letter Agreement shall become effective when signed by all parties below and upon Town Council approval. This Side Letter Agreement shall be incorporated into the current or successor Memorandum of Agreement of the bargaining unit.
FOR AFSCME: FOR THE TOWN OF LOS GATOS:
______________________________ ________________________________ Carol McEwan Date Laurel Prevetti Date
Union Representative Town Manager
AFSCME Council 57
______________________________
Danny Murdock Date
Maintenance Assistant APPROVED AS TO FORM:
________________________________
Gabrielle Whelan Date
Town Attorney
ITEM NO. 12.
PREPARED BY: Katy Nomura
Assistant Town Manager
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: 05/07/2024
DATE: April 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review Polling Results, Authorize the Town Manager to Execute an Amendment to the NBS Agreement to Include Phase 2 in the Scope of Services to Prepare a 1/8th Cent Sales Tax Measure for the November 2024 Ballot and Increase the Not to Exceed Amount to $105,000, and Authorize an Expenditure Budget Adjustment in an Amount of $60,400 from the Available General Fund Capital/Special Projects Reserve
RECOMMENDATION:
Review polling results, authorize the Town Manager to execute an amendment to the NBS agreement to include Phase 2 in the Scope of Services to prepare a 1/8th cent sales tax measure for the November 2024 Ballot and increase the not to exceed amount to $105,000 (Attachment 1), and authorize an expenditure budget adjustment in an amount of $60,400 from the available General Fund Capital/Special Projects Reserve.
BACKGROUND:
While costs of providing services and programs for residents have significantly increased over the years, Town revenues have not kept pace. Los Gatos is facing the same economic pressures as many other cities and businesses, including inflation and the uneven recovery from the pandemic. In addition, unfunded mandates by the State have also reduced the Town's available funds.
The Town maintains a relatively stable and low staffing level. Even so, costs per employee continue to escalate as evidenced by pension benefit costs having increased 35% in the last five years. The Town Council has taken several proactive steps to reduce the Town’s pension liability, including Additional Discretionary Payments for the Pension Plans and curbing cost escalation in Other Post-Employment Benefits (OPEB).
ITEM NO. 13.
PAGE 2 OF 4
SUBJECT: Revenue Ballot Measure Polling Results
DATE: April 26, 2024
BACKGROUND (continued):
Los Gatos has taken the following proactive cost-cutting measures during major economic downturns to control costs while maintaining high service levels:
Staffing levels significantly reduced from 2001 – 2005 and have not returned to those levels, despite an increase in population since then, unfunded mandates, and service demands,
Imposed wage freezes and unpaid furloughs, and
Reduced employee benefit costs.
Town financials are reviewed annually by an independent auditor. Los Gatos has earned recognition for its fiscal responsibility with the highest credit rating (AAA bond rating by Moody’s) and annual awards by the Government Finance Officers Association for its high quality and transparent budgeting practices.
On November 17, 2022, the Finance Commission reviewed several cost reduction measures and recommended that the Town further work toward operational efficiencies and researching additional revenue options.
On January 24, 2023, the Town Council determined its Strategic Priorities for 2023-2025, which included exploring new revenue opportunities.
On June 20, 2023, the Town Council authorized the Town Manager to issue a Request for Qualifications (RFQ) for revenue ballot measure consulting services. After conducting the RFQ process, the Town selected NBS.
On October 17, 2023, Town Council authorized the Town Manager to enter into an agreement for the initial phase of the work for an amount not to exceed $44,600, with direction to return to Council with revenue modeling prior to beginning any polling.
On December 19, 2023, Town Council reviewed the Revenue Modeling Report prepared by NBS and continued the item to February 20, 2024 to consider it at the same time as the five-year forecast.
On February 12, 2024, the Finance Commission discussed the NBS report and recommended that the Town Council not rely upon the NBS Report’s conclusions regarding deficit reductions because the financial analysis was based on an outdated 5-Year Forecast which did not include actual results for Fiscal Year 2022/23. The Finance Commission did find that the incremental revenue contribution for the revenue options analyzed are credible and can be used for modeling purposes. While the Commission did not make a motion regarding any potential ballot measure, individual Commissioners questioned the need for it at this time. One
ITEM NO. 13.
PAGE 3 OF 4
SUBJECT: Revenue Ballot Measure Polling Results
DATE: April 26, 2024
BACKGROUND (continued):
Commissioner expressed that there may or may not be merit to the 1/8th cent tax measure and indicated this was the reason they declined to opine.
On February 13, 2024, the Town Council updated its Strategic Priorities and removed the detailed bullets under “Develop a Five-Year Structurally Balanced and Sustainable Operating Forecast,” including reference to new revenue opportunities.
On February 20, 2024, the Town Council directed staff to proceed with polling to explore a 1/8th cent sales tax. A 1/8th cent sales tax is estimated to result in approximately $1 million in additional revenue annually.
DISCUSSION:
NBS partnered with Gene Bregman and Associated to conduct the scientific polling. Polling occurred from March 24-27, 2024 and surveyed 200 registered Los Gatos voters. The summary of the polling results will be presented at the Council meeting, including the following conclusions:
Los Gatos residents are very positive towards their Town, local government, and Departments within local government.
Maintaining public safety (police services and wildfire prevention) and traffic congestion are of paramount importance to voters.
Majority of voters are supportive of a 1/8th cent sales tax increase for the Town. If the Town captures the remaining 1/8th cent of sales tax capacity available to Los Gatos, 100% of the funds would remain in Los Gatos.
Not claiming the remaining sales tax capacity means a County entity could capture the 1/8th cent and raise sales tax for Los Gatos with potentially little benefit to the Town.
The Finance Commission had the option to consider the polling results at its May 6, 2024 meeting prior to Council consideration. The Finance Commission Chairperson preferred to focus the meeting on the proposed Fiscal Year 2024/25 Budget and referenced that the Commission discussed potential polling and revenue measures on February 12, 2024. A summary of the February 12, 2024 discussion can be found in the Background section of this report.
If Council authorizes Phase 2 of the NBS agreement, the consultant will prepare public education and outreach, refine ballot measure language, and draft a resolution for the Town Council to place the measure on the 2024 ballot. It is worth noting that a super majority of Council (4/5) is required to place a measure on the 2024 ballot.
ITEM NO. 13.
PAGE 4 OF 4
SUBJECT: Revenue Ballot Measure Polling Results
DATE: April 26, 2024
CONCLUSION:
Staff looks forward to Council’s discussion and direction on whether to pursue a 1/8th cent sales tax measure. If a measure is pursued, final ballot measure language and a resolution to place the measure on the November 2024 ballot would return to Council in June to meet the August 9, 2024 submittal deadline to the Santa Clara County Registrar of Voters.
COORDINATION:
The preparation of this report was coordinated with the Town Manager, Town Attorney, and Director of Finance.
FISCAL IMPACT:
On October 17, 2023, Council authorized the Town Manager to enter into an agreement for the initial phase of the work for amount not to exceed $44,600. The proposed amendment would bring the total not to exceed amount for the contract to $105,000 and require an expenditure budget adjustment of $60,400 from the Available General Fund Capital/Special Projects Reserve. The cost of placing a measure on the 2024 general election ballot is estimated to cost approximately $60,000. If a measure is pursued, the $60,000 expenditure budget adjustment would be requested when the Council considers the resolution to place the measure on the ballot.
If a 1/8th cent sales tax measure is successful, it is estimated to generate $1 million in additional revenue for the Town annually.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Amendment to NBS Agreement
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS – First Amendment ATTACHMENT 1
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 8 th day of May 2024 and
amends that certain (AGREEMENT DESCRIPTION) dated October 18, 2023 made by and between the Town of Los Gatos, ("Town,") and NBS Government Finance Group, DBA: NBS, S Corporation (“Consultant”), whose address is 870 Market Street, Suite 1223, San Francisco, CA 94102.
RECITALS
A. Town and Consultant entered into a Consulting Agreement on October 18, 2023, (“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 complete Phase 2 described in the Scope of Services.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Consultant shall provide services as described in Phase 1 and Phase 2 of the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.
2. Section 2.6 Compensation is amended to read as follows:
Compensation for Consultant's professional services shall not exceed $105,000, inclusive of all costs. Payment shall be based upon Town approval of each task.
3. All other items and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________
Laurel Prevetti, Town Manager
_____________________________
Michael Rentner, Chief Executive Officer
Recommended by:
_______________________________________
Katy Nomura
Assistant Town Manager
ITEM NO. 13.
2 Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS
AGREEMENT FOR REVENUE BALLOT MEAURE CONSULTANT SERVICES THIS AGREEMENT is made and entered into on October 18, 2023 by and between TOWN OF LOS GA NBS Government Finance Group, DBA:
NBS, S Corporation 870 Market Street, Suite 1223, San Francisco, CA 94102. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 The Town desire to engage Consultant to provide revenue ballot measure consultant services. 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 Phase 1 of the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A. Town staff and Consultant shall return to the Los Gatos Town Council for direction before conducting the voter poll portion of the work.
2.2 Term and Time of Performance. This contract will remain in effect from October 18, 2023 to November 5, 2024. 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 services or at the Town's written request. All reports, information, data, and exhibits Exhibit A to First Amendment Dated May 8, 2024
EXHIBIT A
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS 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 the Consultant shall not make any of the 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 $44,600, 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
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS 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 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: two million dollars ($2,000,000) 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.
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS 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.
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 elected and appointed officials, employees, and agents, 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 automobile or professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its elected and appointed officials, employees, and agents, 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 elected and appointed officials, employees, and agents.
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 . 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,
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS 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 elected and appointed officials, employees, and agents, 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 the work described in this contract.
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 and Venue. 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
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
NBS Government Finance Group, DBA: NBS, S
Corporation
870 Market Street, Suite 1223
San Francisco, CA 94102
ITEM NO. 13.
Agreement for Revenue Ballot Measure Consultant Services with NBS 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, 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 Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Katy Nomura, Assistant Town Manager
Consultant, by:
Michael Rentner, Chief Executive Officer
Printed Name and Title
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest: _____________________________________ Wendy Wood, CMC, Town Clerk
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 3
4. Project Approach
Summary of Approach
NBS will communicate with the Town staff throughout
the duration of the project to clarify the Town’s goals, identify any special circumstances, and develop a realistic project schedule. The following Work Plans detail the steps needed to put the Town in the best position to propose a viable local funding ballot measure for the November 2024 election.
Although not mentioned in the Town’s Request for
Qualifications, an additional service we can provide is Revenue Measure Modeling to calculate financial benefit to the Town of a Special Financing District. This is
listed as an optional item in our proposed budget.
Phase 1 | October - December 2023 | Issue Research, Polling, Community Survey NBS will work with your team to understand the specific needs for, and demand on, the Town’s programs and services, and will provide an analysis of various tax models for the Town to understand potential options.
Develop Stakeholder Outreach and Public Engagement Messaging: NBS will work with staff, elected officials and stakeholders to develop agreed-upon messaging that will ensure the sharing of consistent ideas and concepts with the community during Phase One services such as polling. Standard messaging will provide clarity to community members and prevent confusion.
NBS will partner with the Town Manager, Town team, and our subconsultant GBA to provide the research needed for the Town to understand its most viable revenue measure options.
Voter Poll: Working with NBS and the Town team, GBA will draft a survey questionnaire for Town approval, and conduct a poll among likely voters within Los Gatos that will achieve the following objectives:
• Explore the current image of the Town of Los Gatos, voters' attitudes towards the Town, and their assessments of the strengths and weaknesses of local government; • Determine voter perceptions of the needs of the Town and the priorities that voters set for those needs;
• Determine voter attitudes towards various revenue measures for the Town, and the optimum amount to place before the voters;
Exhibit A: Scope of Services
Exhibit A
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 4 • Evaluate voters' top priorities for money raised in order to design a measure that best addresses the desires of the community;
• Determine the most effective and important reasons for your voters to support a ballot measure; • Develop a demographic profile of Town voters, including how various demographic groups differ in their opinions and attitudes towards a possible ballot measure.
Polling Methodology: Our subconsultant, GBA, will select the survey sample from highly sophisticated and up-to-date voter registration files. This information, when combined with the answers to our survey questions, is essential as we identify voters who are most likely to vote in general, primary, municipal, special, or mail-only elections. It is critical to remember that any survey must interview only likely voters.
Being a registered voter is not enough. Those likely to vote will have demonstrated their interest in voting through their history in previous elections.
The sample will be drawn from lists of registered voters which have been matched with telephone directories and other lists to maximize the quantity of available telephone numbers. Since this is a small city, we would expect that a smaller sample of voters will be adequate, even if it is no more than 100-200 completed interviews.
GBA believes that it is of the utmost importance to go beyond simple questions and simple answers. For example, you will never see us ask if a problem is serious or not serious. We require differentiation between those with strong opinions and those with weaker opinions, those who say the problem is "extremely serious," or "very serious" rather than those who say it is only "somewhat serious" or "not too serious." Therefore, virtually all questions in our polls will delve into the intensity of feeling that voters bring to an issue. Only in this way can we separate those voters with a general opinion on an issue from those who are moved to take action because of that same issue (even if the "action" is just voting "yes" or "no").
Telephone interviews are conducted by a regularly employed staff of full-time professional interviewers who specialize in conducting interviews for public opinion surveys. GBA supervises the interviewing process and verifies that interviews are conducted according to specifications. Supervisory procedures include continuous on-site and telephone monitoring of interviews. GBA follows established industry standards for call backs of busy or "not-at-home" numbers designed specifically to maintain the randomness of interviewee selection and the validity of the survey. A regularly employed staff of fulltime professional interviewers conducts interviews in English, Spanish, Vietnamese, Cantonese, Mandarin, and other languages.
To summarize, we will provide to the Town of Los Gatos:
• Random telephone and on-line survey of likely voters
• Consultation solely with principal of Gene Bregman & Associates • Assistance in developing topic areas to be investigated • Development of survey questionnaire
• Scientific sample selection to assure reaching an accurate representation of the voting population • Pre-testing of questionnaire
• Conduct of field work from our central phone bank, as well as surveys completed from text and email contacts
• Editing, coding, and electronic data processing
• A full computer printout of all cross-tabulated data
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 5 • Analysis of survey results
• On-going strategy and consultation
Feasibility Analysis of Ballot Measure Options and Expenditure Plan: Incorporating polling data, NBS and GBA will make recommendations to the Town team on a proposed ballot measure amount and ballot measure expenditure plan elements. If polling is favorable for a potential funding measure, this would be an optimal time to present polling data to the Town Council for discussion and recommendation to draft ballot measure language. This allows time for community outreach, input and consensus building among key stakeholders prior to finalizing the proposed ballot language and the resolutions Council must adopt to officially place a measure before voters.
Decision from Council to move to Phase 2.
Phase 2 | January 2023 – July 2024 | Message Toolkit, Stakeholder Outreach and Public Engagement
Outreach to key stakeholders (business, labor, and other community leaders) before a measure is officially proposed can be key to the success of its passage. This is where potential bumps in the road are uncovered, and ideally resolved. NBS will work with the Town team to develop a Stakeholder Outreach Plan and strategy to help build community consensus around the need for a ballot measure to maintain the quality of life that Los Gatos residents desire.
NBS will work with the Town team to create a Key Stakeholder Outreach Plan and a list of key stakeholders and media outlets, develop website content, and an Informational Toolkit (fact sheet, Q&A, PowerPoint presentation) that can be used to educate and engage leaders in the public and private sector, business community, and community-based organizations about the need for additional funding for essential public services.
Once the Council acts to place a measure on the ballot, the Town may consider some informational outreach to educate residents on the proposal itself through online and news media communications and through the mail. Working with your staff and legal counsel, we can assist with crafting and implementing that communications program.
Community Survey: In addition to the quantitative research conducted by GBA, CivicMic can conduct qualitative research in the form of a community survey of residents at large. This outreach through email and social media will be comprised of an abbreviated survey asking residents to weigh in with their priorities for town services and programs. This community engagement effort provides additional perspectives to the research and can be helpful in conveying the Town’s commitment to inclusivity and transparency.
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 6 Finalize Ballot Measure Language and Ballot Argument
To place a ballot measure on the November 5, 2024 ballot, all election-related Council action and resolutions must be completed and noticed to the County by August 9, 2024, providing an important window of time for informing and engaging community members around the need for additional revenue before officially proposing and finalizing the ballot measure language.
NBS will work with the Town Manager and Town Attorney to draft ballot measure language and accompanying resolutions for Town Council approval.
Engagement Activities
Aiming to reach residents with diverse backgrounds allowing for unique perspectives, CivicMic would:
Create a customized webpage for your project on civicmic.com. This site would feature a variety of engagement tools and informational materials.
Develop an email campaign strategy to reach out to community members and stakeholders who may not have access to social media or may not regularly visit the Town website.
Include specialized mapping and graphics on CivicMic.com, such as sample maps showing community participation in the survey.
Design content related to the Town’s challenges in maintaining high services levels for resident programs and services.
Coach various Stakeholders on ways to share educational materials with community members through workshops and printed materials.
Create an email list of community members who have expressed interest in receiving updates.
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 7
DRAFT TIMELINE
The following is an overview of our proposed project schedule. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks. Note: This page is intentionally formatted differently to improve legibility of the table contents.
Apr '24 May '24 June '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 Phase 1 – Issue Research, Polling, Community Survey
Kickoff Meeting
Revenue Modeling (optional financial analysis)
Develop Stakeholder Outreach and Public Engagement Messaging Public Opinion Research
Draft Poll Questionnaire
Poll in Field
Initial Results
Crosstabs Available
Complete Full Analysis of Survey Results
Present Poll Results, Feasibility Analysis, Recommendations to Council for discussion (not action)
Phase 2 – Messaging, Stakeholder Outreach, Public Engagement Community Survey
Develop Message Toolkit
Stakeholder Outreach (key community leaders, businesses, orgs) Public Education/Engagement (Community Mtg, Email, Social Media) Finalize Ballot Language / Resolutions for Council Action Work Plans
PROJECT SCHEDULE - TOWN OF LOS GATOS Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Deadline for Council to
submit measure-related
documents to County:
8/9/24
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 8
5. Costs
Our professional fees are based on our understanding the Town’s needs and the effort we believe is necessary to complete the scope of services described.
Director
(Wood)
Project
Manager
(Lewis)
GBA
Flat Fee
NBS
Consultant
(ArgerichValentine)
NBS Senior
Consultant
(Dayhoff)
NBS
Specialist
and Analyst
(Savage)
Consultant
Labor (Hrs.)
Consultant
Costs ($)
with
Optional
Services
Consultant
Costs ($)
without
Optional
Services
$250 $200 $30,000 $175 $200 $150
Work Plans
Phase 1 – Issue Research, Polling, Develop Communications Plan Kickoff Meeting 1.0 1.0 - 1.0 1.0 - 4.0 $ 825 $ 825
Revenue Modeling (Optional) 2.0 2.0 - 2.0 30.0 - 36.0 $ 7,250 $ - Develop Stakeholder Outreach & Public Education Messaging 7.0 7.0 - 5.0 - 8.0 27.0 $ 5,225 $ 5,225 Public Opinion Research* (design voter poll, analyze data) 2.0 4.0 1.0 - - - 7.0 $ 31,300 $ 31,300 Total Phase 1 $ 44,600 $ 37,350
Phase 2 – Messaging, Stakeholder Outreach & Public Engagement Community Survey Implementation (Optional) 4.0 10.0 - 10.0 - 20.0 44.0 $ 7,750 $ - Complete Stakeholder Outreach & Public Education Plan 8.0 8.0 - 5.0 - - 21.0 $ 4,475 $ 4,475 Create Informational Toolkit (e.g., webpage content, Fact Sheet, FAQ) 4.0 12.0 - 12.0 - 4.0 32.0 $ 6,100 $ 6,100 Stakeholder Outreach & Public Education (meetings, flyers, social media) 8.0 40.0 - 20.0 - 20.0 88.0 $ 16,500 $ 16,500 Draft Ballot Language 5.0 5.0 - - - - 10.0 $ 2,250 $ 2,250 Finalize Ballot Language / Resolution for Council 5.0 5.0 - - - - 10.0 $ 2,250 $ 2,250 Total Phase 2 $ 39,325 $ 31,575
GRAND TOTAL FEES 46.0 94.0 1.0 55.0 31.0 52.0 279.0 $ 83,925 $ 68,925
ESTIMATED EXPENSES
Travel Costs Per In-Person Meeting (not to exceed)1 Mailing and printing costs $ 12,000 $ 12,000 Travel and meeting expenses $ 3,500 $ 3,500
TOTAL INCLUDING ESTIMATED EXPENSES $ 99,425 $ 84,425
OPTIONAL SERVICES PRICING
Labor & Travel Costs Per Optional In-Person Meeting $ 2,000 $ 2,000 Cost associated with the design/print/postage per mailer Grand Totals
1. Travel-related cost and direct reimbursable expenses; all other expenses are included in labor rates. This cost will be $0 if all meetings and presentations are held remotely.
FEE SCHEDULE
TOWN OF LOS GATOS
Hourly Rate
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 9
ADDITIONAL POLLING INFORMATION
Three major factors determine the cost for a survey: the number of interviews to be completed; the average length of each interview; and how easy or hard it is to reach and complete interviews with qualified voters. Of course, the more interviews that are completed, the more reliable is the data, as shown by the changes in sampling tolerance, or margin of error (MOE), at different completion rates. The following table shows how the MOE changes with the number of completes:
200 completed interviews = Margin of Error +/- 6.9%
300 completed interviews = Margin of Error +/- 5.7%
In addition, when the overall sample size increases, the sample sizes for various voter sub-groups will also increase, and their margins of error will decrease.
HOURLY RATES
Title Hourly Rate
Director / Senior Review $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Project Analyst / Specialist $150
Project Resource Analyst $130
Clerical / Support $110
TERMS
Public Engagement services are invoiced on a monthly basis. Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days’ written notice.
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
Statement of Qualifications for Town of Los Gatos NBS | 10
EXPENSES
Customary out-of-pocket expenses are billed at actual cost to NBS. These expenses may include, but not be limited to, boundary map and assessment diagram preparation (time, materials, plotting and all related costs), mailing fulfillment, postage, supplies, reproduction, telephone, travel, meals and various third-party charges for data, maps, and recording fees.
DocuSign Envelope ID: E3A5F1AB-4463-4D7E-887E-D7F5A5FCEE0E
ITEM NO. 13.
PREPARED BY: Marina Chislett
Environmental Programs Specialist
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: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and Provide Direction to Town Staff
RECOMMENDATION:
Receive an update on the Downtown Restroom Feasibility Study (CIP No. 821-2011) and provide direction to Town staff.
BACKGROUND:
Per the direction of Town Council, funding for the Downtown Restroom Feasibility Study (CIP No. 821-2011) was adopted in the Fiscal Year 2023/24 Capital Budget using funding made available for recognizing the American Rescue Plan Act (ARPA) proceeds for loss revenues. The purpose of this project is to analyze alternative locations for a public restroom facility with consideration of utility needs and potential impacts of the work.
DISCUSSION:
On March 15, 2023 a Request for Proposals (RFP) for a Downtown Restroom Feasibility Study (the Study) was issued to the Town’s list of on-call architectural firms. Will Duff Architects, Inc. submitted a proposal and the Town executed an Agreement for Consultant Services with the firm for this project.
The scope of the study was to identify a preferred site for an American with Disabilities Act (ADA) compliant public restroom in downtown Los Gatos. Attachment 1 summarizes the consultant’s work in a memorandum. Working with the consultant and giving consideration to space and size limitations in most downtown locations, staff is recommending two gender neutral, single occupant private stalls with one toilet fixture each,
ITEM NO. 14.
PAGE 2 OF 3
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821- 2011) and Provide Direction to Town Staff
DATE: May 1, 2024
DISCUSSION (continued):
rather than multiple stalls within one space. Single occupant facilities are considered to be safer and more inclusive than traditional public restrooms. In single occupant facilities, the sink can be located outside the building, reducing overuse of water.
The primary factors for site selection included: proximity and value to the downtown area, financial efficiency, utility adjacency, accessibility, safety, and flexibility. Based on these criteria, the consultant assessed four potential sites for consideration for the new restroom facility:
Site 1: Northwest corner of Town Plaza Park
Site 2: Southeast corner of Parking Lot #6 (West Main Street & Victory Lane) Site 3: North edge of Parking Lot #5 (Elm Street)
Site 4: South edge of Parking Lot #5 (West Main Street) After evaluation of the four sites (Attachment 1) with specific criteria to identify the best location to accommodate a restroom facility, Site #1 was identified as being the most feasible location. This site provides the most civic value to the community with consideration to space and size limitations.
For Site 1, staff and the consultants identified three options:
Option 1: Remove the raised planter bed and replace with a new restroom facility. Option 2: Install restroom facility adjacent or attached to existing bus stop shelter (location of portable).
Option 3: Demolish existing bus stop shelter and replace with a new restroom facility.
Staff recommends focusing on Option 2. If the Town Council agrees that Option 2 at Site 1 is the preferred location, then the exact placement of the building and how it would fit with the bus shelter would be evaluated during the design phase. If this option is selected, staff would seek to minimize impact to the existing planters. Staff estimates the cost for design and construction of a new restroom at this location would range from $550,000 to $650,000.
CONCLUSION:
After evaluation of the four sites with specific criteria to identify the best location to accommodate a restroom facility, site #1 was identified as the most feasible location and provides the most civic value to the community with consideration to space and size limitations.
ITEM NO. 14.
PAGE 3 OF 3
SUBJECT: Receive an Update on the Downtown Restroom Feasibility Study (CIP No. 821- 2011) and Provide Direction to Town Staff
DATE: May 1, 2024
CONCLUSION (continued):
Staff recommends two single occupant private stalls with one toilet fixture each, rather than multiple stalls within one space for this project.
FISCAL IMPACT:
The funding for the study phase of the project was allocated in the Downtown Restroom Feasibility Study project (CIP No. 821-2011) budget. This phase of the project has been completed in FY 2023/24 and is on the Completed Project list in the Proposed Capital Improvement Program Budget FY 2024/25 – 2028/29.
Costs for design, permitting, and construction may range from $550,000 to $650,000.
Additional funding will need to be identified for the future phases of this project.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA.
Attachment:
1. Downtown Restroom Feasibility Study (CIP No. 821-2011) Budget Costs
GFAR $ 25,000
Total Budget $ 25,000
Costs
Consultant Services $ 23,000
Total Costs $ 23,000
Available Balance $ 2,000
Downtown Restroom Feasibility Study
CIP No. 821-2011
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
To: Laurel Prevetti, Town Manager
From: Marina Chislett, Environmental Programs Specialist Subject: Downtown Restroom Feasibility Study (CIP No. 821-2011) Date: April 4, 2024
BACKGROUND
Per the direction of Town Council, funding for the Downtown Restroom Feasibility Study (CIP No. 821-2011) was funded through American Recovery Plan Act (ARPA) funding in August 2022.
The purpose of this project is to analyze alternative locations for a public restroom facility with consideration of utility needs and potential impacts of the work. This memorandum summarizes the efforts of the consultant study prepared by William Duff Architects.
DISCUSSION
The Town of Los Gatos issued a Request for Proposals (RFP) for a Downtown Restroom Feasibility Study (the Study) on March 15, 2023 to the Town’s list of On-Call Architects. William Duff Architects was awarded this project.
The scope of the Study was to identify a
preferred site for a handicap accessible public
restroom in the downtown Los Gatos area.
The number of recommended toilet fixtures is
two when giving consideration to space and
size limitations in most downtown locations.
Staff is recommending single occupant
facilities rather than multiple stalls within one
space. Single occupant facilities are safer and
more inclusive than multi-stall public Graphic by William Duff Architects Figure 1. Two Single Occupant Accessible Layout with a shared sink Layout [~207 SF]
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
restrooms. Figure 1 is the preferred layout for a public restroom in the Downtown area.
The primary factors for site selection included: proximity and value to the downtown area, financial efficiency, utility adjacency, accessibility, safety, and flexibility. From this criteria, four potential sites were evaluated for the new restroom facility as shown in Figure 2:
Site 1: Northwest corner of Town Plaza Park
Site 2: Southeast corner of Parking Lot #6 (West Main Street & Victory Lane) Site 3: North edge of Parking Lot #5 (Elm Street)
Site 4: South edge of Parking Lot #5 (West Main Street) Figure 2. Site Location Map
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
SITE EVALUATIONS
Site #1: Northwest Corner of Town Plaza Park (Recommended) The northwest corner of Town Plaza Park is located at intersection of two major streets - Santa Cruz Avenue and West Main Street. The sidewalk in this area is wide and the site features include a bus stop shelter with red brick columns and a simple sloped roof along with raised planter beds featuring small trees and vegetation. The existing bus structure was constructed in 1980 and is currently an open-air enclosure for two benches and one mailbox. This area makes up the border to the flat grass park that is Town Plaza. In recent months a portable restroom has been located next to the bus stop.
When considering this location the following options were considered:
Option 1: Remove the raised planter bed and replace with a new restroom facility. Option 2: Install restroom facility adjacent or attached to existing bus stop shelter (location of portable).
Option 3: Demolish existing bus stop shelter and replace with a new restroom facility.
These locations are shown in Figure 3 and considerations of this location are presented in Table
1. Figure 3. Site 1: Northwest corner of Plaza Park
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
Table 1. Assessment of Site 1
Conclusion: After evaluation of all site criteria, Site #1 was identified as the most ideal location for a restroom facility to serve the Los Gatos downtown area. This site has the best proximity to points of interest while also having the most space and flexibility. A facility with two toilet fixtures would also serve the downtown areas well during typical usage and would supplement or reduce the need for portable units at special events. Overall, this site has minimal drawbacks while also providing the most potential value for a new restroom facility.
Site 2: Southeast Corner of Parking Lot #6
Parking Lot #6 located on Main Street near Victory Lane, is one of the larger parking lots in downtown Los Gatos and is located one block west of Santa Cruz Avenue. This site features a large tree and fire department connection adjacent to the prospective location. There are five accessible parking spaces that are separated from the sidewalk by a low curb planter bed. The accessible spaces currently provide direct connection to the sidewalk from the accessible aisles.
Figure 4 is a photo of the location and Table 2 summarizes the considerations for this area.
Site #1: Northwest Corner of Town Plaza Park
Pros Cons
Close proximity to bus stop
Close proximity to weekly Farmers’
Market and other downtown events
Close proximity to primary pedestrian
pathway
Potential for new visible feature in the
Downtown Area
Potential to enhance the bus shelter
(Option 3)
Preliminary information suggests a
sewer line runs under the park,
reducing costs for excavation
Raised planter bed would be removed
and/or impacted (Option 1 & Option 2)
Very visible location on significant
corner, could require additional design
work and material cost
Additional cost if integrating or
demolishing bus stop
Would not serve areas of downtown
that are further north
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
The following options were considered:
Option 1: Demolish sidewalk planter bed and replace with new restroom facility. Option 2: Demolish one accessible and one standard parking space and replace with new restroom facility.
Table 2. Assessment of Site 2
Conclusion: After evaluation of all site criteria, Site #2 was not considered an ideal location for a restroom facility to serve the Los Gatos downtown area. This site is a moderate distance out of the way of the public view and may require signage and wayfinding for users to find the Site #2: Southeast Corner of Parking Lot #6
Pros Cons
Good connection to downtown shopping
areas
Would not take away from aesthetics in
highly visible locations, but not so far out
of the way that it cannot be located
Location would potentially displace
accessible parking that would have to
be relocated as part of the project
Users waiting for restroom would be
either in the parking lot or the narrow
sidewalk
Higher chance of vandalism when out of
public view
Figure 4. Site 2: Southeast corner of Parking Lot #6
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
restroom. Site #2 would require modifications to the parking lot to accommodate the restroom, including displacing and relocating handicap accessible parking spaces as well as excavation for sewer line connection, and possibly increased patrolling to monitor crime and vandalism.
Site 3: North Edge of Parking Lot #5
Parking Lot #5 is located parallel to Santa Cruz Avenue, between Main Street and Elm Street.
Option #3 would locate a restroom at the north edge of the lot near Elm Street. There are two aisles of parking between three travel lanes with two accessible parking spaces in the western parking aisle. This area also has electric vehicle charging stations. There are sidewalks on either edge of the parking lot, but they are not continuous nor are they fully accessible to people with disabilities. The locations are shown on Figure 5 and considerations of this location are in Table
3. When evaluating this location, the following options were considered:
Option 1: Remove and adjust one accessible parking space and one standard parking space on the western parking aisle to place a new restroom facility. Option 2: Remove or adjust several standard parking spaces on the eastern parking aisle to be replaced with a new restroom facility.
Figure 5. Site 3: North Edge of Parking Lot #5
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
Table 3. Assessment of Site 3
Conclusion: After evaluation of all site criteria, Site #3 was not considered an ideal location for a restroom facility to serve the Los Gatos downtown area. This site is a moderate distance out of the way of the public view. This location would also require significant modifications to accommodate a restroom, including displacing standard parking spaces and relocating accessible parking spaces.
Site 4: North Edge of Parking Lot #5
Site #4 is located on the south edge of Parking Lot #5 along West Main Street and across from Town Plaza Park. Features on this side of the parking lot include a single parking aisle with driving lanes on either side and two accessible parking spaces on the west side. Figure 6 shows this location and Table 4 summarizes the considerations.
The following options were considered when evaluating this location:
Option 1: Remove and adjust two standard parking spaces to be replaced with a new restroom facility. Potentially would need to adjust adjacent accessible parking space and connection to sidewalk.
Option 2: Close the Parking Lot #5 entrance on West Main Street fully and utilize the end of the lot.
Site #3: North Edge of Parking Lot #5
Pros Cons
Close proximity to further north portions
of the Downtown Area
Sidewalk access easily connects to
Downtown shopping areas
Elm Street has lower traffic flow and is
may be safer for patrons waiting in line
Distant from primary pedestrian
pathway
Location would potentially displace
accessible and standard parking that
would have to be relocated as part of
the project
Location would mix pedestrian traffic
and car traffic in parking lot
Users waiting for restroom would be
either in the parking lot or sidewalk
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
Table 4. Assessment of Site 4
Conclusion: After evaluation of all site criteria, Site #4 was not considered an ideal location for a restroom facility to serve the Los Gatos downtown area. This site poses many safety concerns with mixing pedestrian ad vehicle traffic, unless the parking lot entrance onto Main Street were Site #4: South Edge of Parking Lot #5
Pros Cons
Close proximity to weekly Farmers’
Market and other downtown events
Close proximity to primary pedestrian
pathway
Potential for new visible feature in the
Downtown Area
Would improve pedestrian safety along
Main Street by eliminating vehicle
entrance to parking lot. (if Option 2 were
selected)
Would require changes to traffic
circulation in, out and around Parking
Lot #5
Patrons may not use existing crosswalk
to gain a more direct line to the
restroom, increasing safety concerns
Location would displace some parking
spaces
Would require excavation in street for
sewer line connection
Users waiting for the restroom would
be either in the parking lot or sidewalk
Figure 6. Site 4: South edge of Parking Lot #5
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
closed. That change would require extensive changes to the parking area and to East Main Street, making this alternative cost prohibitive. It also requires displacing and relocating accessible parking spaces as well as excavation for sewer line connections, and the need to address mixed traffic congestion concerns.
CONSTRUCTION CONSIDERATIONS
Restrooms of this size and scale may be prefabricated or custom built. These options are described below.
Conventional Prefabricated
Prefabricated restroom buildings can be an efficient way to easily install a restroom building.
There is generally some level of customization such as wall and roof materials, colors, and skylights. Prefabricated facilities provide a permanent, durable, and fast solution to the need for a restroom in Downtown Los Gatos. However, prefabricated facilities, while offering some customization are limited in aesthetic choices. For example, brick patterning to match the existing bus shelter would likely be via a concrete siding rather than true brick. Figure 7 shows on example of a pre-fabricated restroom building.
Figure 7. Prefabricated Restroom Facility
ITEM NO. 14.
Town of Los Gatos Parks and Public Works Department • 41 Miles Avenue, Los Gatos, CA 95030 408.399.5770 • www.losgatosca.gov • www.facebook.com/losgatosca ATTACHMENT 1
MEMORANDUM
PARKS AND PUBLIC WORKS DEPARTMENT
Fully Custom
A custom designed restroom is preferable if a certain aesthetic and customization is desired.
The advantage of a custom restroom would be the flexibility within its site and aesthetic. The disadvantage would be longer design and construction timelines.
CONCLUSION
After evaluation of the four sites with specific criteria to identify the best location to accommodate a restroom facility, Site #1 was identified as being the most feasible location.
This site provides the most civic value to the community with consideration to space and size limitations. Staff recommends two single occupant private stalls with one toilet fixture each, rather than multiple stalls within one space for this project. Staff estimates that the cost for design, permitting, and construction of a restroom at Plaza Park may range from $550,000 to $650,000 depending on the construction methods and details.
ITEM NO. 14.
PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant 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: 05/07/2024
DATE: April 29, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Los Gatos Visitors Information Center and the Visit Los Gatos Website, Social Media and Destination Marketing Services for FY 2024/2025, in an amount not to exceed $55,000.
RECOMMENDATION:
Authorize the Town Manager to execute an agreement for services with the Los Gatos Chamber of Commerce to manage the Los Gatos Visitors Information Center and the Visit Los Gatos website, social media and destination marketing services for FY 2024/2025, in an amount not to exceed $55,000.
BACKGROUND:
The Chamber of Commerce has long been a valued partner with the Town of Los Gatos in supporting the business community, coordinating the Leadership Los Gatos program, and providing visitor information and destination marketing services. Beginning in 2001, the Town began formally contracting with the Chamber to provide such services and the Town Council has approved annual renewals with modifications, as needed, every year thereafter.
Originally, in 2001, the agreed upon scope of services with the Chamber of Commerce was quite extensive and included several additional tasks beyond the Visitors Information Center and Leadership Los Gatos services, including maintenance of the Town’s official website; creation, production/printing, and distribution of the Town’s calendar, Town maps, and brochures; and an advertising campaign with local radio stations and newspapers. The Town
ITEM NO. 15.
PAGE 2 OF 5
SUBJECT: Annual Agreement for Services with the Chamber of Commerce FY 2024/25 DATE: April 29, 2024
BACKGROUND (continued):
provided funding in the amount of $100,526 in total for these services, with the Town Information Center and Leadership Los Gatos accounting for about $42,000 of that total.
As the years progressed, the contract for services evolved and the services provided by the Chamber of Commerce were reduced to the Visitors Information Center and Leadership Los Gatos. Around 2007, the Town was providing $33,000 for the Town’s Visitors Information Center and $15,000 for the coordination of Leadership Los Gatos, with additional budget to fund the Town staff participating as Leadership candidates.
The contract amount has continued to increase slightly over time, with the most notable increase taking place in Fiscal Year (FY) 2019/20 when the contracted amount was a not to exceed amount of $60,000, allocated as $55,000 for Visitors Information Center services and $5,000 for the assistance with the Town’s Leadership Los Gatos program. Additionally with this contract, the scope of services specific to the coordination of Leadership Los Gatos was reduced significantly with the workload being absorbed by Town staff.
For the following fiscal year (FY 2020/21), the COVID-19 pandemic had hit the Los Gatos community and the Town Council voted to continue to provide $55,000 to the Chamber as a subsidy for managing the Town’s Visitors Information Center and assisting with related community vitality initiatives, as they were a crucial partner in supporting the business community and community at large navigate health orders and dynamic economic environment. Leadership Los Gatos was suspended for the year.
Additionally, on May 4, 2021, the Town Council allocated $55,000 of the American Rescue Plan Act (ARPA) funds to the Chamber of Commerce to assist with emergency destination marketing to provide a jumpstart to community vitality efforts. The destination marketing effort included:
the creation of a “one stop” branded website, Visit Los Gatos; social media content development; video production of a Visit Los Gatos promotional video; investment into Visit California content; media relations, and “Fam” trips which are local tours for hotel and hospitality staff to get to know the area in order to make recommendations to guests.
When this money was allocated, the Town Council noted that it was necessary to show a distinction between the services rendered for the emergency destination marketing, and the services rendered under the Chamber’s annual agreement to facilitate the Town’s Visitors Information Center.
Subsequently, on June 15, 2021, the Town Council approved the annual agreement for services for FY 2021/22 for $55,000 for the Chamber of Commerce to operate the Town’s Visitors
ITEM NO. 15.
PAGE 3 OF 5
SUBJECT: Annual Agreement for Services with the Chamber of Commerce FY 2024/25 DATE: April 29, 2024
BACKGROUND (continued):
Information Center that included refreshed deliverables in the scope of services, which were developed in collaboration with the Chamber, and focused on website and social media efforts.
Leadership Los Gatos was not included for FY 2021/22 as the program had not yet returned due to the ongoing COVID-19 pandemic. Leadership Los Gatos has since returned and is being facilitated by Town staff.
As FY 2022/23 approached, staff prepared to bring forward an agreement with status quo funding. The Chamber of Commerce requested an increase in funding for a total of $88,500 for the Visitors Information services. The Town Council voted to keep the contract amount at $55,000 for FY 2022/23; however, provided a grant for street pole banners through the Town’s community grant program, ARPA grant funding for the coordination and implementation of the Promenades summer event series, and subsidy for the annual Holiday Light Display installation.
In early 2023, the Chamber of Commerce office staff announced its team’s anticipated departure from the Chamber at the end of the FY. At the May 2, 2023 Town Council meeting, the Chamber’s outgoing staff requested an increase in funding for the FY 2023/24 agreement to provide additional resources for the new Chamber of Commerce staff to continue to support and grow the Visitors Information Center and Visit Los Gatos efforts, specifically those related to strengthening the social media and destination marketing services. The Town Council granted an increase in funding to a not to exceed amount of $88,000 to support the expanded destination marketing and social media efforts, without committing to the amount as an ongoing increase, as it was funded through the one-time ARPA dollars.
The Town Council’s discussion at this meeting focused on the importance of supporting the Chamber of Commerce through its transition, continuing to foster the partnership between the Town and Chamber while strengthening destination marketing services. The Council was interested to understand if the funding level for the specific scope of services would be a fit as the Chamber of Commerce brought on a new management and staff team, recognizing that objectives, expectations, and stakeholder demand may shift.
Given this discussion, and that the additional funding for FY 2023/24 was made possible with ARPA funding, which has since been fully allocated by the Town Council, staff is bringing this discussion back to the Town Council as an item for the Town Council’s consideration.
Currently, staff has built the baseline funding of $55,000 into the Proposed Operating Budget for FY 2024/25.
ITEM NO. 15.
PAGE 4 OF 5
SUBJECT: Annual Agreement for Services with the Chamber of Commerce FY 2024/25 DATE: April 29, 2024
DISCUSSION:
The Chamber of Commerce continues to be a vital partner with the Town of Los Gatos to serve businesses, residents, and visitors alike. The programs, events, and personalized service provided by the Los Gatos Chamber of Commerce through the services rendered under the annual agreement are robust and enhance the Town’s community and economic vitality.
During FY 2023/24, an entirely new staff team was hired at the Chamber of Commerce and has been dedicated to continuing the partnership with the Town while working with Town staff regularly to understand the scope of services and expectations of the agreement. The Chamber of Commerce team has worked to balance the specific and exclusive work of the Chamber of Commerce for its members, with the scope of services for the Visitors Information Center and Visit Los Gatos services, which must be available to the Town’s stakeholders regardless of Chamber membership or affiliation.
At the time of this report, the Chamber had not yet submitted its annual report for the services rendered under the FY 2023/24 agreement, although it is expected to be available as an addendum prior to the Town Council meeting. The Visit Los Gatos Instagram page currently maintains 7,608 followers, while the Facebook page has 2,076 followers, representing strong platforms to engage visitors from near and far, promote businesses and events, and continue to highlight the Town of Los Gatos overall as an unparalleled destination.
CONCLUSION:
Attachment 1 provides a draft Agreement for Services, including Exhibit A, Scope of Services for FY 2024/25. The content of this Agreement and Scope of Services is similar to the prior Agreement and Scope of Services for FY 2023/24, with some of the language being condensed and cleaned-up while not changing the deliverables or service level for FY 2024/25. The main difference is that now that the Visit Los Gatos website and Instagram have been created, the Chamber is now maintaining these sites to promote Los Gatos as a premier destination.
Staff recommends that the Town Council authorize the Town Manager to execute an agreement for services with the Los Gatos Chamber of Commerce to manage the Los Gatos Visitors Information Center and the Visit Los Gatos website, social media and destination marketing services for FY 2024/2025, in an amount not to exceed $55,000.
Alternatively, the Town Council may wish to allocate resources in a different amount, in which case, if it exceeds $55,000, an additional funding source will need to be identified to support the increase.
COORDINATION:
This report was prepared by the Town Manager’s Office.
ITEM NO. 15.
PAGE 5 OF 5
SUBJECT: Annual Agreement for Services with the Chamber of Commerce FY 2024/25 DATE: April 29, 2024
FISCAL IMPACT:
The recommended funding amount of $55,000 has been allocated in the proposed budget for FY 2024/25. Should additional funding be allocated by the Town Council, an additional funding source would be required given that the ARPA funds used in FY 2023/24 have been fully allocated.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Agreement for Services with Exhibit A, Scope of Services, with the Chamber of Commerce for FY 2024/25
ITEM NO. 15.
ATTACHMENT 1
AGREEMENT FOR SERVICES BY AND BETWEEN THE TOWN OF LOS GATOS AND
THE LOS GATOS CHAMBER OF COMMERCE FISCAL YEAR
2024/2025
THIS AGREEMENT is made and entered into on May 7, 2024, by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LOS GATOS CHAMBER OF COMMERCE, (“Chamber”), whose address is 10 Station Way, Los Gatos, California. This Agreement is made with reference to the following facts.
WHEREAS, Town appropriated funds in its Fiscal Year 2024/2025 Budget for this agreement for service, and;
WHEREAS, Town desires to engage Chamber to provide services as identified in this agreement, and Town has appropriated funds for this purpose, to be utilized during the time period between July 1, 2024, and June 30, 2025, and; WHEREAS, Chamber represents and warrants the truth of all statements contained in “Scope of Services” attached as Exhibit A and incorporated herein by reference.
WHEREAS, Town and Chamber have executed an Agreement since Fiscal Year 2001, and;
WHEREAS, Town desires to engage the Chamber to provide Town Visitors Information Center, including the Visit Los Gatos Website and Social Media Marketing of the Town of Los Gatos to attract visitors and economic vitality for businesses in Los Gatos.
WHEREAS, the Chamber represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
WHEREAS, the Chamber warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement and acknowledges Town has relied upon these warranties to retain Chamber.
NOW. THEREFORE, the parties agree as follows:
1. Scope of Services. Chamber shall provide services as described in that certain Exhibit A Chamber of Commerce Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.
2 Term and Time of Performance. This contract will remain in effect from July 1, 2024, to June 30, 2025. Chamber shall perform the services described in this agreement as follows:
provide the Town’s Visitors Information Center including the Visit Los Gatos website, and social media and destination marketing services as outlined in Exhibit A – Scope of Services.
ITEM NO. 15.
ATTACHMENT 1
3. Compliance with Laws. The Chamber shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Chamber represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Chamber to practice its profession.
Chamber shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
4. Sole Responsibility. Chamber shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Chamber by the Town and all reports and supportive data prepared by the Chamber under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of Chamber's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Chamber in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Chamber shall not make any of these documents or information available to any individual or organization not employed by the Chamber or the Town without the written consent of the Town before such release.
6. Compensation. Compensation for Chamber's professional services shall not exceed $55,000 for the management of the Town Visitors Information Center and Visit Los Gatos website, social media, and destination marketing efforts, inclusive of all costs.
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 as described in Exhibit A.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows:
Invoices:
Email to: [email protected]
Or, Mail to: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
8. Availability of Records. Chamber shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Chamber shall make these records available to authorized personnel of the Town at the Chamber's offices during business hours upon written request of the Town.
9. Annual Report. Chamber shall provide bi-annual reports by December 1, 2024 and May 1 2025, accounting for the services rendered by the Chamber to support the Visitors Information Center, Visit Los Gatos Website, Visit Los Gatos social media outlets, and associated destination marketing efforts, including all expenditures of the funds covered by this agreement, including: direct expenditures for any products purchased; allocation of
ITEM NO. 15.
ATTACHMENT 1
staff hours; documentation of any approved subcontractors or third party vendors used to provide services under this contract including agreements, invoices and proof of payment, and other related documentation; and analytics and data reflective of in person, online, social media, and other efforts to support the services outlined in Exhibit A- Scope of Services.
10. Use of Town of Los Gatos Branding and Logo. The Town has provided branding for the Visit Los Gatos Website including a logo and color palette. This shall continue to be used for the maintenance of the website. The provided branding is property of the Town and shall only be used by the Chamber for business of and marketing collateral that is executed as a part of the Visitors Information Center or Visit Los Gatos website. Use of the logo in social media, print, email, or other form that is not directly related to the Visitors Information Center or Visit Los Gatos website requires explicit written permission by the Town.
11. Assignability and Subcontracting. The services to be performed under this Agreement are unique and specific to the Chamber. Any portion of these services that the Chamber elects to assign or subcontract to another vendor/consultant requires written consent of the Town, and copies of all related agreements, invoices, and other documentation must be included in the bi-annual reports as noted in this Agreement.
12. Independent Contractor. It is understood that the Chamber, 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, the Chamber shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Chamber 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. Chamber agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Chamber 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 Chamber or is based on allegations of Chamber’s negligent performance or wrongdoing.
13. Conflict of Interest. Chamber understands that the professional responsibilities of the Town Information Center are solely to the Town. The Chamber has and shall not obtain any holding or interest within the Town of Los Gatos. Chamber 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, Chamber 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. Chamber 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, Chamber discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Chamber shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
ITEM NO. 15.
ATTACHMENT 1
14. Use of Funds. The Chamber shall not use any monies received under this agreement for the endorsement, opposition, or participation in any political lobbying activity involved in the support or opposition to any candidate for public office, proposed ballot measure or item pending Town Council action.
15. Equal Employment Opportunity. Chamber warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Chamber nor its subcontractors 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.
16. Minimum Scope of Insurance:
i. Chamber 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. ii. Chamber 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 two million dollars ($2,000,000) combined single limit per accident for bodily injury and property damage. iii. Chamber shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Chamber agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Chamber agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $2,000,000 which is sufficient to insure Chamber 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 Chamber; products and completed operations of Chamber, premises owned or used by the Chamber. This requirement does not apply to the professional liability insurance required for professional errors and omissions.
ii. The Chamber’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
ITEM NO. 15.
ATTACHMENT 1
or volunteers shall be excess of the Chamber’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 Chamber'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.
17. 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.
18. Workers’ Compensation. In addition to these policies, Chamber 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, Chamber shall ensure that all subcontractors employed by Chamber provide the required Workers' Compensation insurance for their respective employees.
19. Indemnification. The Chamber 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 Chamber, or any of the Chamber's officers, employees, or agents or any subconsultant.
20. 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.
21. 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.
22. Termination of Agreement. The Town and the Chamber 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 Chamber shall deliver to the Town all plans, files, documents, reports, performed to date by the Chamber. In the event of such termination, Town shall pay Chamber 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.
23. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Chamber.
ITEM NO. 15.
ATTACHMENT 1
24. 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.
25. 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
LOS GATOS CHAMBER OF
COMMERCE
Attn: Jennifer Lin, Executive Director
10 Station Way
Los Gatos, CA 95030
or personally delivered to Chamber to such address or such other address as Chamber designates in writing to Town.
26. 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.
27. Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Chamber. 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.
IN WITNESS WHEREOF, the Town and Chamber have executed this Agreement.
Recommended by:
Monica Renn, Economic Vitality Manager
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Los Gatos Chamber of Commerce by:
Executive Director, Signature
Executive Director, Printed Name
Approved as to Form:
Gabrielle Whelan, Town Attorney
Attest:
Wendy Wood, Town Clerk
ITEM NO. 15.
ATTACHMENT 1
EXHIBIT A - SCOPE OF SERVICES
AGREEMENT FOR SERVICES WITH THE CHAMBER OF COMMERCE
2024/2025
LOS GATOS VISITOR INFORMATION CENTER, VISIT LOS GATOS WEBSITE, SOCIAL MEDIA AND DESTINATION MARKETING SERVICES FOR $55,000 All services rendered as a part of this scope of services under the function of the Los Gatos Visitor Information Center shall be to the benefit and promotion of Town-wide stakeholders including businesses, residents, and visitors.
The following services and information will be coordinated and provided by the Chamber of Commerce as a part of the operations of the Los Gatos Visitor Information Center, Visit Los Gatos Website, and Visit Los Gatos Social Media and Destination Marketing Services:
1. Provide services to manage and maintain Visit Los Gatos as follows:
a. Maintain branded website, https://visitlosgatosca.com, that is easily accessible, simple to navigate, and appears within the top online keyword searches; and b. Ensure the services, promotions, content, etc. under the umbrella of Visit Los Gatos is open to and inclusive of all Los Gatos businesses regardless of their membership status at the Los Gatos Chamber of Commerce; and c. Ensure the branding and messaging of content related to Visit Los Gatos is reflective of the Town’s goals and objectives; and
d. Include language on the website that clearly reflects the partnership of the Town of Los Gatos and Chamber of Commerce as partners/sponsors of the website (the Town continues to provide a direct link from its website to Visit Los Gatos); and e. Provide limited printed marketing materials such as small cards, window clings, counter signs, or other appropriate collateral that may be displayed or provided to visitors at the hotels, restaurants, shops, Chamber of Commerce Office, Town Hall, Library, etc. that identifies and promotes the Visit Los Gatos website, social media, and related activities; and
f. Maintain and update the information on the website in a timely manner to ensure the information provided is accurate and up to date, with a minimum of once monthly updates; and
g. Provide dedicated staffing to support the social media and destination marketing efforts of Visit Los Gatos, including Visit Los Gatos focused posts published across social media and similar platforms a minimum of five times weekly.
2. Continue to support the Town’s business outreach efforts for events, meetings, and programs through social media, email, etc.
a. Promote Town events in Chamber of Commerce marketing materials including email notifications and newsletters. Content will be provided by Town staff for distribution.
ITEM NO. 15.
ATTACHMENT 1
3. Offer in-person Los Gatos Visitor Information Center services at the Chamber of Commerce offices.
a. Respond to walk-in and call-in inquiries, and encourage engagement with the Visit Los Gatos website and social media platforms; and b. Allow Town meetings with the business community to be conducted at the Chamber of Commerce offices during mutually agreed upon times and days.
4. Provide Bi-Annual Written Reports and Monthly Invoicing. a. Bi-annual written reports shall be provided by December 1, 2024, and May 1, 2025 by the Chamber of Commerce that quantifies all services rendered and accounts for all funds expended to meet this Scope of Services, and the attached Agreement, meeting the requirements of Section 9 of the attached Agreement; and b. Invoice the Town for payment of services monthly, as described in the attached Agreement.
ITEM NO. 15.
PREPARED BY: Robert Gray
Chief Building Official
Reviewed by: Town Manager, Assistant 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: 05/07/2024
DATE: May 1, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve West Valley Community Services, Counseling and Support Services for Youth, and AWO as Potential Community Service Partners to Provide their Respective Services at the Interim Community Center.
RECOMMENDATION:
Approve West Valley Community Services, Counseling and Support Services for Youth, and AWO as potential Community Service Partners to provide their respective services at the Interim Community Center.
BACKGROUND:
On August 15, 2023, the Town Council allocated $866,281 to a Community Center Development Fund to design and construct near-term improvements to the Adult Recreation Center to achieve two major purposes. One purpose is to facilitate the use of space for a variety of nonprofit agencies to provide services to the community. The second purpose is to reconfigure the existing space to make it more open and inviting to the community. This effort is referred to as the Interim Community Center.
On November 21, 2023, the Town Council provided additional feedback on the Interim Community Center effort which involves the following steps:
1. (Completed January 25, 2024) Host Community Meeting to receive community input on:
a. Preferred types of community partners/services;
b. Community partner selection criteria; and
c. Ideas for near-term improvements to the ARC/Community Center.
ITEM NO. 16.
PAGE 2 OF 4
SUBJECT: Approve Community Service Providers
DATE: May 1, 2024
BACKGROUND (continued):
2. (Completed February 15, 2024) Receive the Community Health and Senior Services Commission’s (CHSSC) recommendation on items relevant to a Request for Interest (RFI) for community partners, such as the types of community partners and selection criteria.
3. (Completed March 5, 2024) Return to Council with CHSSC’s recommendation for Council input and approval on items relevant to the Request for Interest (RFI) for community partners, such as the types of community partners and selection criteria.
4. (Completed March 29, 2024) Issue the RFI.
5. (We are here) Return to Council with the final selection of community partners.
6. Discuss any potential physical near-term improvements and operational support needed by selected community partners with Los Gatos Saratoga Recreation (LGS Recreation).
7. Receive CHSSC’s recommendation on near-term improvements and operational support for Council’s consideration, taking into account ideas shared at the community meeting and budget constraints.
8. Return to Council with CHSSC’s recommendation on near-term improvements and operational support for consideration.
9. Hire an architect to provide cost estimates for the prioritized items.
10. Return to Council with cost estimates for selection of which prioritized items to move forward for design and bidding.
DISCUSSION:
Based on the direction Council provided on March 5, 2024, staff issued the RFI seeking Statements of Interest (SOIs) from any non-profit service provider serving Los Gatos, with an emphasis on those addressing basic needs such as health, wellness, mental health, food needs, housing, and transportation. The RFI was sent to approximately 30 organizations, promoted on social media and the Town’s weekly newsletter, and posted on the Town’s website.
Upon the closing of the RFI on April 21, 2024, staff received proposals from West Valley Community Services (WVCS), Counseling and Support Services for Youth (CASSY), and AWO Skin Color Race. The following criteria were used in evaluating the service providers:
The extent to which the provider serves basic needs and serves an unmet need in the community.
The extent to which the provider already serves Los Gatos residents and the community. The extent to which the provider could expand or enhance services with the additional Interim Community Center space. This would include an evaluation of how much the provider needs additional space for their services.
ITEM NO. 16.
PAGE 3 OF 4
SUBJECT: Approve Community Service Providers
DATE: May 1, 2024
DISCUSSION (continued):
The extent of the provider’s volunteer base and how they can effectively support a service at the Interim Community Center.
The extent to which the provider’s service lends itself to being successful in a rotational shared space at the Interim Community Center.
Each service provider selected should provide a service that is unique and not duplicative of other selected service providers. Since service providers can offer a variety of services, some of their services can overlap, but each must have at least one unique offering or service.
The SOIs were also preliminarily reviewed to assess space and schedule needs and to determine whether the services conflicted with current LGS Recreation programs. Services that are more activity-based or involve events may not lend themselves to a rotational desk space model; however, a successful path forward could be to integrate these types of services into LGS Recreation’s ongoing programming. For example, some of AWO’s activity-based services could be integrated into LGS Recreation’s program offerings, benefiting both providers and the community.
CONCLUSION:
Based on the evaluation criteria above, staff recommends moving forward with all the prospective service providers that submitted SOIs.
If Town Council agrees with this recommendation, staff will work with the selected providers and LGS Recreation to determine space allocations, schedules, and appropriate services. All provider requests may not be able to be accommodated, and staff will work towards collaborative solutions. Staff will return to the CHSSC for its recommendations on physical, near-term improvements for the Interim Community Center with consideration for any needs of the service providers.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office and the Town Attorney.
FISCAL IMPACT:
The $866,281 allocated to the Community Center Development Fund can be used for near-term improvements to the Adult Recreation Center/Community Center. Additional funding may be required to support the operational and administrative needs of coordinating and supporting the service providers if the providers do not pay those costs directly.
ITEM NO. 16.
PAGE 4 OF 4
SUBJECT: Approve Community Service Providers
DATE: May 1, 2024
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENT:
1. Statements of Interest from Prospective Service Providers
ITEM NO. 16.
Interim Community Center Service Providers
West Valley Community Services RFI
Introduction: Include a statement of interest and pertinent introductory information. Include your current service territory and whether or not you currently serve the Los Gatos.
West Valley Community Services is a private, non-profit, community-based agency that has been providing direct assistance and referral services in the west valley communities of Los Gatos, Saratoga, Cupertino, Monte Sereno, West San Jose, and the unincorporated mountain regions for nearly 50 years. We provide a continuum of basic needs and housing assistance services, including information and referrals, food, homeless services, affordable housing, rental and utility assistance, and case management. In addition to distributing basic needs services, West Valley Community Services focuses on providing case management to each client and ensuring access to a continuum of services to provide a strong foundation for those threatened with hunger and homelessness. The mission of the organization is to unite the community to fight hunger and homelessness.
Experience and Service: Include a detailed description of the experience and expertise required to provide the proposed community service and how it fulfills a basic and/or unmet need within the community. Indicate a measurable goal or desired outcome of becoming a community partner at the Interim Community Center and a method of tracking progress and evaluating effectiveness in the community.
Many families and individuals living in the West Valley struggle to put food on the table and pay their rent in the wake of staggering increases in gas, food, and electricity, stagnant wages, high rents, and a tight affordable housing market. According to the San Jose State University 2022 pain index, $2,365 is the median monthly rent in the San Jose-Sunnyvale-Santa Clara metro area in December 2021, making it the most expensive metro area to rent in the U.S. Families living on minimum wage and seniors who are on fixed income feel the rent burden more and get evicted at a faster rate in Santa Clara county. Poverty creates further barriers to accessing critical services, including health services, nutritious food, and other necessities, contributing to poor physical and mental health. Poverty also inhibits socialization and engagement with the community. For low-income families with limited English language skills or at-risk seniors, finding where or how to access services is much more of a challenge. In some cases, these families may not know where to go or may not have reliable transportation to get the help they need. This can result in significant delays in service delivery, leading them further into financial crises, unhealthy or risky living conditions, or circumstances that make them vulnerable to being taken advantage of.
ATTACHMENT 1
ITEM NO. 16.
For the past 50 years, West Valley Community Services has been the safety net for families experiencing short-term crises, helping families with food, housing, and emergency financial assistance in the West Valley. However, the trends have shown that the circumstances for the many families that access our services have not changed, and as a result, they continue to need access to basic services to survive.
West Valley Community Services has become one of many clients' first responders.
Through case management, we have successfully connected them with basic services such as access to health care services, information about health care coverage, free tax, and public benefits assistance, which helps to reduce poverty.
The West Valley region has a large population of families who are more likely to live in poverty and are in greater need of services. They also face other unique issues, such as:
● Lack of accessibility and availability of resources: West Valley Community Services’ service area comprises a broad and diverse socio-economic spectrum.
Amongst the million-dollar single-family homes, there are also homes where the power or water has been shut off or multiple families rent rooms in single-family homes. Because of the large number of high-income families living in our service area who do not have basic needs, many of these services are located outside the Cupertino-Saratoga-Los Gatos corridor, creating accessibility issues for low-income individuals.
● Isolation of high-risk individuals: Low-income individuals and families in affluent communities struggle with low self-esteem, isolation, and less social involvement. Individuals in need are too embarrassed and ashamed to ask for help. They cannot also access the resources to help them succeed or maintain a healthy standard of living.
● Lack of public transportation: The cost of owning and operating a car is beyond reach for most individuals served at West Valley Community Services.
Given our mass transit system's limited reach or slow speed, people without cars need help accessing services.
To address these challenges, WVCS programs and services ensure impoverished households have easy access to public benefits, supportive services, and education resources that help families build financial and household stability. West Valley Community Services is our community’s safety net. We ensure that low-income and homeless individuals and families receive the support and services they need to build the foundation for a brighter future.
● By providing supplemental food, West Valley Community Services prevents hunger, improves health and nutrition, and enables clients to spend more of their financial resources on housing, transportation, medical costs, and other life essentials.
● By providing case management, information, and referrals, West Valley Community Services is helping clients find the resources they need to acquire
ITEM NO. 16.
suitable housing, learn about public benefits, eat more healthily, cover healthcare expenses, and much more.
● By providing access to a mobile food pantry, West Valley Community Services is making food pantry service accessible to all close to where they live. The mobile food pantry has several locations in West San Jose, Saratoga, and Los Gatos. ● By providing emergency rental and utility assistance, West Valley Community Services is preventing clients from eviction and homelessness. With this help, clients are prevented from entering the downward spiral that can make returning to stability difficult or impossible.
If awarded this Service Provider contract, WVCS will provide case management, an accessible food market that provides weekly groceries, and supportive services for the homeless.
Qualifications: Name, phone number, and email of the contact person and/or project manager; qualifications of these individuals and their team that demonstrate the ability to provide the services described in this RFI successfully; a list of at least two professional references with names, addresses, emails, phone numbers, business relationship, and a brief description of the project or interaction.
West Valley Community Services’ staff have significant educational and professional expertise in working with low-income families, seniors, and the homeless community in the West Valley region of Santa Clara County. We have held several State, County, and Town contracts and met all our deliverables. The West Valley Community Services staff that provide direct services to clients either hold a Bachelor's degree in social sciences or have at least three years of work experience in social services. Vahnessa Hayes, who has five years of experience in program management and supervision, will provide program and clinical supervision. Mateo Lumbraras, the Director of Client Services, has extensive countywide experience running offsite programs successfully. Sujatha Venkatraman, the Executive director who holds an MSW and has over 30 years of experience in community development, program, and contract management, will lead the strategic program's direction. WVCS leverages the cost of other staff supporting this program through other grants.
As the Executive Director, Sujatha will work closely with West Valley Community Services staff and board to ensure appropriate financial and programmatic transparency to support the organization’s core mission. In addition, all contractual management obligations, including reporting, are under the responsibility of the Executive Director and the Finance Director.
ITEM NO. 16.
Organization: The total number of volunteers and/or staff who will provide the required services and their role(s) at the Interim Community Center.
We anticipate having one to two staff members and two volunteers at the Interim Community Center.
Schedule and Space: Include a statement indicating whether a shared rotational desk space could work for the service(s) provided and the ideal schedule. For example, Mondays and Wednesdays from 8:00 a.m. to 2:00 p.m. Please also include the ideal scenario of how much space and what kind of space would be ideal for providing your services at the Interim Community Center. There are no guarantees that the schedule and space can be accommodated; however, this will help us understand the needs. Indicate whether storage space is needed and how much.
Ideally, we would like to have the space for one week to two times a week to provide case management, an accessible food market that provides weekly groceries, and supportive services for the homeless. Tuesday from 9:00 a.m. to noon and Thursday from 2-5 pm. Ideally, We would like a space 200-300 SF for a mini food pantry with a refrigerator, freezer, and shelves for dry goods( pasta, beans, and rice). Along with space for one staff member and a volunteer.
ITEM NO. 16.
April 17, 2024
Robert Gray
Chief Building Official
Town of Los Gatos
[email protected]
Dear Mr. Gray,
Since 2009, Counseling and Support Services for Youth (CASSY) has shown how effective and powerful school-based counseling can be for everyone involved. Through partnering with schools and communities, we integrate mental health support into the fabric of the school and reach students in a familiar, safe environment.
We have grown and now partner with schools throughout Santa Clara and San Mateo Counties, but our roots with Los Gatos High School remain strong. In fact, we now work with all the high schools that support the majority of Los Gatos students – Los Gatos High, Saratoga High, Leigh High, and Westmont High. Our highly qualified, post-graduate therapists provide individual, goal-oriented counseling; group therapy; proactive mental health education to students; staff and parent consultations and support; and crisis intervention.
We know from experience that placing competent and caring therapists where students are located will lead students to accessing the help they need. We also have a good understanding of what works and what doesn’t in Los Gatos. We understand the intense issues the students in our community are dealing with. We also know that these issues do not end when the school day ends nor do they cease during school breaks. We believe that CASSY and the Town of Los Gatos have a unique opportunity to leverage the community center space for Los Gatos youth who may need additional support.
In community,
Marico Sayoc
Executive Director
Sobrato Center for Nonprofits – 544 Valley Way, Milpitas, CA 95035 – CASSYbayarea.org
ITEM NO. 16.
I. Background of Provider
Agency Philosophy
As a nonprofit agency with experienced leadership, we are both ambitious and pragmatic. Our mission is to destigmatize mental health and make supporting students’ social and emotional well-being the norm in our local schools. We envision a world where all youth get the support they need to be successful in school and in life. At the same time, we understand that creating such a utopia will take a serious commitment from more than our schools and requires our community’s involvement.
Although every CASSY program is unique, we stick to five core values:
1. We are available to help all students, regardless of their ability to pay.
We serve all students, where free services at school are the only realistic way to reach youth.
We also serve financially stable communities where many families have the resources, but other barriers such as stigma, transportation, and insurance limits get in the way.
2. We partner with communities that value mental health in the educational process.
The only way to achieve our shared goals is to create a strong working relationship between our agency and our communities. To do so, we would like to set up shop right at the Los Gatos Interim Community Center. Together, we will create a mental health resource team that extends beyond any one school campus for Los Gatos youth.
3. We tailor our programs to meet the unique needs of the population we will serve.
We factor in the unique characteristics of our community when creating any new program, and this venture will be an innovative idea for CASSY.
4. We hire, train and mentor professional therapists who love working with youth.
We use experienced therapists to tackle our clients’ issues rather than using our clients’ issues to train inexperienced therapists. Our model starts with a licensed Clinical Program Manager who supervises a staff of professional postgraduate therapists.
5. We are committed to making a difference.
We take great pride in improving the lives of the students we support. We view each case independently to decide the best course of treatment – whether to handle it internally, provide services on campus, or refer out to another community-based provider. When there is a mental health crisis at the Community Center, we will be there leading the way.
II. Our Proposed Services and Programs
The specific services we propose to implement at the Los Gatos Interim Community Center will be aligned with CASSY’s values.
ITEM NO. 16.
For Students:
Proactive Mental Health Education
An ideal way to improve students’ overall mental health is to educate them before they are in crisis. We provide psycho-educational presentations directly to students and their families.
With the community center space, we can offer presentations to all Los Gatos students who may benefit, regardless of which school they attend.
Ongoing Counseling – Individual and Group
CASSY provides individual and group counseling sessions on-campus during school hours. There may be times when a student requests a session after school hours, and the Interim Community Center would be a convenient meeting space.
For Parents & Community:
Parent Consultation
CASSY therapists are experienced dealing with adolescent behaviors and issues. We offer parents confidential consultations at the schools we serve; however, some parents cannot meet during school hours and would like to meet after hours. Having an office at the Los Gatos Interim Community Center will allow parents to consult with our staff at a convenient location after school hours – or even during school hours at a location they might prefer for reasons of confidentiality.
Community Outreach
CASSY provides parent education opportunities by giving presentations and leading discussions about raising emotionally healthy children. These presentations can be provided at the Los Gatos Interim Community Center for everyone to attend, regardless of whether they have students in Los Gatos.
III. Filling an Unmet Community Need
Under our current model, CASSY provides mental health services on campus during the school day. Some of the concerns we deal with include depression, anxiety, academic stress, family conflict, and peer relationship issues. However, not all of our student’s issues are appropriate for the school-based model, thus a room in the neighboring community center would be an ideal venue for counseling to continue.
We want to give our students the continuity of care they deserve and want to offer counseling options until the presenting issues are resolved and any negative symptoms are relieved. CASSY would like to provide continuity of care for our clients outside of school hours, but we do not currently have a physical location for this support. The Los Gatos Interim Community Center would provide a much-needed solution.
ITEM NO. 16.
The Los Gatos Interim Community Center would also be an ideal venue for CASSY to provide community-wide presentations on mental health topics and be a resource for those who do not know how to enter into the behavioral system.
IV. Program Evaluation/Expected Data Collection
We offer the following measurable objectives to assess our program:
Quantitative:
● Pediatric Symptoms Checklist (PSC) – The PSC is a psychosocial screen designed to facilitate the recognition of cognitive, emotional, and behavioral problems so that appropriate interventions can be initiated as early as possible. CASSY therapists assess students at the beginning and end of treatment, with the results compiled at the end. ● Progress toward treatment goals – Treatment goals are the building blocks of a student’s treatment plan. Goals are developed with the student and are designed to be specific, realistic, and tailored to the needs of each individual youth.
Qualitative:
● Self-report by students – We ask students if they thought counseling was helpful and whether they would seek counseling again in the future. ● Parent feedback – We request a parent feedback form which gives the parent an opportunity to evaluate the impact of our services on their child. ● Staff feedback – We invite key staff to complete an end-of-year survey.
V. Qualifications
Contact
Marico Sayoc
Executive Director
[email protected]
(408) 493-5289
All clinical staff who will be working from the Los Gatos Interim Community Center are BBS-registered MFTs or MSWs.
Professional References
Dr. Kristy Grasty
Assistant Principal, Los Gatos High School
20 High School Ct.
ITEM NO. 16.
Los Gatos, CA 95030
[email protected]
(408) 354-2730
In 2009, Dr. Grasty was instrumental in ushering in an award-winning partnership with CASSY to serve students at Los Gatos High School.
Tylor Taylor
Executive Director, Successful Aging Solutions & Community Counseling (SASCC) 19655 Allendale Avenue
Saratoga, CA 95070
[email protected]
(408) 644-8625
We partnered with Tylor and SASCC on a community-wide mental health fair at Los Gatos High School in September 2022. The purpose was to provide intergenerational mental health resources to the entire Los Gatos and Saratoga communities. With space at the Los Gatos Interim Community Center, we hope to continue with this type of programming.
VI. Organization
CASSY has 40 employees; however, the number of CASSY staff on site would vary, depending on the type of services performed. For example, individual or group counseling would have one therapist on site in a private room whereas a community wide presentation may have two to three staff.
VII. Schedule and Space
CASSY’s ideal space would be one dedicated office for confidential sessions. However, we know space is limited, so the next best option would be the use of a private office that we could reserve on an as-needed basis. We also request use of the large multipurpose room – when available – to provide presentations to the community on mental health concerns. No storage space is needed; however, if there will be a resource wall, CASSY can provide resources for the community.
We would be honored to partner with the Town of Los Gatos to support the mental health of our youth. Please let me know if there are any questions about our proposal or if I can provide more information.
ITEM NO. 16.
April 15, 2024
Robert Gray
Chief Building Official
Town of Los Gatos
110 E.Main Street
Los Gatos, CA 95030
Dear Robert,
I am pleased to submit this Statement of Interest respectfully requesting to become a prospective Community Partner with the Town and provide services to the community at the Interim Community Center, also known as the Adult Recreation Center, located at 208 E. Main, Los Gatos. AWỌ is the word for skin and color in the Nigerian language of Yoruba. We’re a social justice non-profit vehemently dedicated to unifying the glorious shades of HUEmanity. Founded in 2020 in response to the death of George Floyd, we provide community space where people can ingest accurate cultural narratives – about themselves, others, and HUEmanity as a collective. We have been based in Los Gatos since inception and continue to serve the community and its surrounding areas including Campbell, San Jose, Saratoga, Monte Sereno and beyond.
The Vision of AWỌ is to achieve a more inclusive and representative world by focusing on the unheard stories of individuals within society to build a more collective understanding about ourselves.
To deliver our innovative HUEmanity programs, we use education and awareness supported by the arts and culture. The art forms we use to support our efforts are storytelling, music and dance. We are well vast in implementing community engagement events, public education and awareness events that promote community conversations, dialogue and different perspectives from black, indigenous, ethnic, urban, and rural artists and speakers, who come from diverse backgrounds and use their life experiences to inspire, empower and model how to break down barriers and bring healing to local communities.
I founded AWỌ and I am the Executive Director. Debra Crenshaw is the Executive Program Manager. We have a combined work experience of over 60 years in delivering community engagement events and programming, and school programming in the US, Nigeria and UK. Our core team of instructors and artists are versatile and work really well with all ages. They have a combined 100-120 years experience in community engagement work all across the globe.
ITEM NO. 16.
AWỌ, through its Wellness for Huemanity Program, proposes an innovative approach to improve individual and community health & well-being through shared narratives, engaging interactive activities and experiential learnings related to boosting health and emotional well-being. Our Wellness for Huemanity Program aims to accomplish health and social goals such as improving mental wellness, reducing stress and tension and alleviating pain. In addition to its healing potential, we focus on magnifying the message of diversity, inclusion, equity, belonging and lived experience. We believe when people think collectively, can creatively collaborate and are introduced to new cultures, ultimately, they enhance and expand their understanding, appreciation and respect of diverse communities and perspectives. Participants will explore their own identities and intersect with those around them. Services will help individuals recognize the role diversity, equity, inclusion, belonging and lived experiences play in enhancing community cohesion and building strong local communities. For the first time and in a structured setting, if this opportunity is given, we will be providing not just a one time experience per event but a continuum of collective experiences over a period of time and through weekly or biweekly sessions. This is a next level development for our community engagement services. With additional space, we automatically expand and enhance the delivery of our community engagement offerings.
Our program directly addresses factors like:
●Social and Community Context: Such as social integration, social support and community engagement.
●Neighborhood conditions: Creating safe and inclusive spaces for well-being exploration and for fostering a sense of community belonging. ●Advocacy and access to healthcare: Connecting participants to relevant healthcare services and advocating for culturally competent care.
Three specific desired outcomes if we become a community partner at the Interim Community Center are– community healing, global perspectives and combat loneliness & relationship building
First, local community members who come from diverse backgrounds (youth, disabled, high resourced, refugee, elderly, immigrant, etc.) will use their life experiences to inspire, empower and teach how to gain confidence and use their own voices to break down barriers, bridge gaps and bring healing to communities through listening sessions, honest conversations, music-making activities, such as drumming circles, songwriting, shared narratives or group singing, we can facilitate emotional release, promote self-reflection, and create a sense of community. Our arts engagement offerings can also serve as a catalyst for social connection and support, breaking down barriers and bridging divides.
Second, local community members will see, hear and experience new insights and global perspectives from local artists, educators, speakers and other community members who will broaden self-understanding, cultural competency and empathy for people different from themselves.
ITEM NO. 16.
Third, our activities create inclusive spaces where people from diverse backgrounds can come together, collaborate, and build relationships based on shared interests. These experiences promote social cohesion, combat loneliness, and provide a support network that can positively impact overall well-being throughout The Town and its surrounding areas.
To track progress, we will carry out a lot of social documentation work including collecting, publishing and archiving oral stories, capturing observations and reactions through photography and videography of the program in progress and collection of written surveys by participants. All these help us assess the process and also provide ideas and inspiration for future programs.
Yes, a shared rotational desk space could work. Depending on the group size and activity type during any one session, there could be anywhere between 1-5 staff and/or volunteers. It would be good to have a space that is no less than 600 square ft. A safe storage space of no less that 150-200 square feet is ideal too so if there is a possibility that this can be available, that’ll be great. Friday (4-10pm), Saturday 9-3pm and/or Sunday from 1-6pm will be ideal schedules.
1. Board Member: Tomara Hall, 349 Cereza Place, San Jose, CA 95112, 209-408-9791, [email protected]
2. Community Volunteer: Marie Tagne 510-684-3087, [email protected] Thank you for your consideration of this request.
Warmest regards,
Folake Phillips
Founder & Executive Director
AWỌ: Skin. Color. Race.
AWỌ is a Registered Charity:87-3912985 Address: 1484 Pollard Road Los Gatos #242, Los Gatos, CA 95032 | Tel: 408-601-0364 | Web:www.AWOcenter.org
ITEM NO. 16.
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: May 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Outreach and Noticing Options for Senate Bill (SB) 330 Projects.
RECOMMENDATION:
Discuss and provide direction on outreach and noticing options for Senate Bill (SB) 330 projects.
BACKGROUND:
On April 16, 2024, during the Town Council consideration of modifications to the Town’s Story Pole Policy, direction was given to return for further discussion of potential enhancements to the Town’s community noticing and engagement for large development projects and specifically SB 330 projects.
SB 330 is State legislation intended to ease the production of housing. Its primary provisions are as follows:
1) Subject to limited exceptions, SB 330 provides that a qualifying housing development project is only subject to the ordinances, policies, and standards adopted and in effect when a “preliminary application” is submitted, which occurs at the outset of the entitlements process. Development impact fees, charges, or other monetary exactions are also vested at that same time, and the only changes allowed relate to increases resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
ITEM NO. 17.
PAGE 2 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
BACKGROUND (continued):
2) In addition to creating new timing requirements under the Permit Streamlining Act, SB 330 provides that no more than five public hearings, including continued hearings and appeals, may be held on a project after an application for a qualified housing development project is deemed complete.
3) Subject to limited exceptions, SB 330 provides that any determination as to whether a project site is historic must be made at the time the application for the qualifying housing development project is deemed complete, as defined therein. 4) Local agencies cannot impose or enforce new design standards that are not objective.
Recent case law clarifies the meaning of “objective” design standards, albeit in the context of the Housing Accountability Act (HAA), by explaining that a design standard is not “objective” if reasonable people could reach different conclusions as to how to comply with the design standard.
5) With limited exceptions, local agencies, including the electorate pursuant to its local initiative or referendum power, cannot impose growth caps or moratoria on new housing development.
6) Local agencies cannot reduce permitted housing density to below that allowed under the applicable specific or general plan in effect on January 1, 2018.
DISCUSSION:
A. Online Outreach
As seen at the April 16, 2024 Town Council discussion of the Story Pole Policy, the Town continues to receive ideas for providing information to the community about potential future development projects. Many of these ideas have been implemented, including:
Reinstating the pending planning projects map at the top of the page listing pending planning projects by address (www.losgatosca.gov/2216/Pending-PlanningProjects). Posting all SB 330 Preliminary Applications, and maintaining a list of those that have proceeded to the formal application process (www.losgatosca.gov/2875/SenateBill-SB-330); Providing a summary table of all SB 330 projects for quick reference www.losgatosca.gov/2875/Senate-Bill-SB-330); and
Regular social media posts to remind the community where they can find information about potential development projects (see Town newsletter sent on Friday, April 19 and April 26).
ITEM NO. 17.
PAGE 3 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
DISCUSSION (continued):
B. Expanded Project Noticing
Staff has selected several of the sites for which Preliminary SB 330 Applications have been received to illustrate the difference in noticing between the 300-foot noticing required by Town Code 29.20.450 (and State law), and the proposed 1,000-foot noticing suggested by a Council Member at the April 16, 2024 Town Council meeting. The projects were selected to provide a variety of examples based on the following criteria:
Locations throughout Town;
Neighborhood types (detached single-family, downtown, neighborhood commercial, transitional, and Los Gatos Boulevard); and Proposed project types (townhomes, seven-story residential or mixed use, detached single-family residential subdivision).
300-foot Radius 1,000-foot Radius Cost
Project
Address
Project
Scope
Number
of Cards
Cost Number
of Cards
Cost Increase
Factor
101 S. Santa
Cruz Avenue
Mixed-Use Building (58
units)
124 $95.48 583 $448.91 4.7
220 Belgatos
Road
Detached Single-Family
Residential Subdivision
(30 units)
88 $67.76 305 $234.85 3.5
647 N Santa
Cruz Avenue
Multi-Family
Townhomes (13 units)
111 $85.47 510 $392.70 4.6
14288 Capri
Drive
Multi-Family
Residential Building (95
to 175 units)
330 $254.10 693 $533.61 2.1
15525 Los
Gatos
Boulevard
Multi-Family
Residential Building
(238 units)
693 $105.49 505 $388.85 3.7
As seen above, the 1,000-foot noticing radius increases the cost between two and 4.7 times.
Attachment 1 is a set of maps showing the difference in the areas included in the noticing, as well as the number of parcels included. Please note that the number of parcels listed in the Attachment 1 are less than the noticing numbers above because the noticing includes both property owner and occupant if those are different.
Legally, the Town may adopt noticing requirements that are more extensive than the 300 feet required by State law. However, due to the increased cost to the applicant, it is possible that expanded noticing requirements could be considered a hindrance to housing, and therefore, counter to the intent of SB 330. In addition, based on the Constitutional
ITEM NO. 17.
PAGE 4 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
DISCUSSION (continued):
requirement for “equal protection,” any distinction in noticing requirements should have a rational basis. Potential bases for imposing increased noticing requirements would be projects over a specified height, number of units, or square footage based on the added visual impact to the neighborhood or other factors.
Alternatively, without a rational basis for the distinction in noticing requirements, the Town also has the option of assuming the cost of the increased noticing. If this is the Council’s preference, a funding source would need to be identified.
C. Town-Wide Mailer
In addition to a project focused noticing mentioned above, the Town has periodically sent out a postcard Town-wide to notify property owners, residents, and businesses about issues of interest like the General Plan and Housing Element updates. The cost associated with these efforts is approximately $10,000. This option may be more cost effective and useful in combination with social media posts regarding upcoming milestones of SB 330 or other major development applications in Town.
FISCAL IMPACT:
The fiscal impact depends on the scope of the increased noticing determined by the Town Council.
CONCLUSION:
This agenda item allows Town Council to provide direction on additional noticing and outreach.
Staff recommends consideration of the following questions:
1. Are there additional online outreach techniques that should be implemented?
2. Are there additional mail noticing requirements for pending planning projects that the Town Council would like to implement at this time? If so:
a. What projects would it apply to?
b. What should the timing be for the additional noticing? c. Should additional noticing be sent if a project changes significantly? d. Who should be noticed? (Town-wide, 300-foot radius, 1,000-foot radius, or other)
e. Should the 300-foot public hearing noticing requirement be changed? f. Should an additional fee be added to the fee schedule to defray this cost?
ITEM NO. 17.
PAGE 5 OF 5
SUBJECT: SB 330 Project Outreach and Noticing
DATE: May 2, 2024
CONCLUSION (continued):
3. Does the Town Council wish to initiate a periodic Town-wide mailer with information about development in the Town? If so:
a. What information should be included? (For example, “learn about pending planning projects,” “find out about pending SB 330 proposals,” “sign up for NotifyMe and the Weekly Newsletter,” or other.)
b. How frequently should the Town-wide mailer be sent?
Staff looks forward to the Town Council’s discussion and direction.
ENVIRONMENTAL ASSESSMENT:
Because the Town Council is providing direction only at this time, this is not a project defined under CEQA.
Attachment:
1. Example Noticing Maps
ITEM NO. 17.
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ITEM NO. 17.
HARWOOD
BELGATOS
BLOSSOM HILL
WESTHILL
BELVUE
BELBLOSSOM
RIDGE TRAIL
KAY
BELHAVEN
BELRIDGE
BACIGALUPI
BELCREST
BELVALE
BELGLEN
BELWOOD GATEWAY
LEIGH
JAMIE
MARY JO
HARLOW
SURMONT
THURESON
OLD ORCHARD
DEL ORO
BOBBYWOOD
COPELAND
CAMPOS VERDE
BELVUE
BACIGALUPI
220 Belgatos Rd
0 300 600 1,200
Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
ATTACHMENT 1
ITEM NO. 17.
A
PARR
CAPRI
HIGHWAY 85
KNOWLES
VASONA
CREEK
TRAIL
WINCHESTER
PALMER
NB 85 FROM
DIVISION
DARDAN
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ON RAMP HIGHWAY 85 E
LORAIN
SB 85 CONNECTOR
SMITH RANCH
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HENNING
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DARDAN
ELLI
HIGHWAY 85
HIGHWAY 85
14288 Capri Dr
0 262.5 525 1,050
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Subject Parcel
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1,000 ft Buffer
ITEM NO. 17.
MAIN
HIGHWAY 17
CREEK TRAIL
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CRUZ
BROADWAY
BEAN
VICTORY
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MILES
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DITTOS
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STATION
BAYVIEW
EUCLID
MILL
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PENNSYLVANIA
SB 17 FROM S SANTA CRUZ
LUNDY
MAPLE
MULLEN
PROSPECT
CLIFTON
LYNDON
FAIRVIEW
OAK GROVE
MONTEBELLO
DITTOS
BAYVIEW
HIGHWAY 17
101 S. Santa Cruz Ave
0 270 540 1,080
Feet
Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
ITEM NO. 17.
LOS GATOS
HIGHWAY 17
CARLTON
FARLEY
GARDEN HILL
CHIRCO
CAMELLIA
GARDEN
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LOS GATOS-ALMADEN
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FLINTRIDGE
MARICOPA
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GATEWAY
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NOB HILL
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CA
RL
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TE
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PEACH
BLOSSOM
HIGHWAY 17
15525 Los Gatos Blvd
0 285 570 1,140
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Legend
Subject Parcel
300 ft Buffer
1,000 ft Buffer
ITEM NO. 17.
BRUCE
UNIVERSITY
SANTA
CRUZ
ROBERTS
VISTA
ANDREWS
MARIPOSA
INDUSTRIAL
OLIVE
POPPY
ASHLER
BLOSSOM HILL
THURSTON
SAN
BENITO
SAN MATEO
FANCHER
WIN
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MONTEREY
SHELBURNE
GRIFFITH
MAYS
FORREST
VIA SERENO
MONTGOMERY
OAK
MEADOW
HUBBELL
BRICKWAY
AUGUSTA
SAN
BENITO
SAN
BENITO
647 N. Santa Cruz Ave
0 250 500 1,000
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ITEM NO. 17.
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/07/2024
DATE: May 2, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Objective Design Standards RECOMMENDATION:
Discuss and provide direction on Objective Design Standards.
BACKGROUND:
In 2019, the Town initiated a process to develop Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development (Attachment 1). This effort was in response to State legislation [Senate Bill (SB) 167, SB 35, and SB 330] requiring jurisdictions to adopt objective standards and to implement them for streamlined review of qualifying housing projects such as multi-family and residential mixed-use developments. Objective Standards are defined under State law as, “standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” (California Government Code, Section 65913.4).
The purposes of the Town adopting Objective Design Standards were to:
Comply with recent State housing legislation;
Implement streamlined and ministerial review processes for qualifying housing projects; Ensure that these qualifying projects align with the Town’s expectations and vision to maintain and support the character of the Town;
Provide a set of clear criteria to guide development; and Establish an objective framework by which a qualifying project will be evaluated.
ITEM NO. 18.
PAGE 2 OF 4
SUBJECT: Objective Design Standards Direction
DATE: May 2, 2024
BACKGROUND (continued):
The process to develop and adopt Objective Design Standards included the following steps:
On November 5, 2019, the Town Council authorized an application for, and receipt of, SB 2 Planning Grant Program funds. Subsequently the Town received approval of the application to receive reimbursable grant funding for the proposed scope of work. On November 20, 2020, staff released a request for qualifications (RFQ) to provide services for preparation of Objective Standards. On March 16, 2021, the Town Council authorized the Town Manager to execute an agreement with M-Group planning consultants for the proposed scope of work.
Between July and December 2021, a subcommittee of the Planning Commission met five times to discuss and provide feedback.
On February 22, and May 12, 2022, Town staff conducted two community engagement meetings to gather feedback from residents and stakeholders and then discuss a preliminary draft of the Objective Standards.
On June 22, August 24, and September 14, 2022, the Planning Commission received and considered public comments on the Draft Objective Standards, reviewed the document, provided input to staff on recommended modifications, and on September 14, 2022, forwarded a recommendation of approval with modifications to Town Council. On November 15, 2022, Resolution 2022-72 was adopted by Town Council by a vote of three to two with Council Members Badame and Hudes voting no.
DISCUSSION:
On February 13, 2024, Town Council discussed its Strategic Priorities for the next two years, adding an update to the Objective Design Standards. In the discussion regarding the interest to update the Objective Design Standards, the several topics were mentioned. Each topic is identified below with a brief discussion of how the topic was addressed in the first effort and/or the direction that would be needed from Town Council to develop Objective Standards for the topic:
A. Hillside Views
This topic was discussed extensively in the Planning Commission subcommittee meetings mentioned in the Background Section above, as well as by the full Planning Commission and Town Council. As stated by staff at the time, establishing Objective Standards for this topic would be extremely difficult and no successful objective criteria for protecting views from the valley floor to the hillsides had been found. It would require establishment of specific viewing areas with very specific criteria to establish when hillside views were or were not blocked, and the protections provided would be limited only to those viewing areas.
ITEM NO. 18.
PAGE 3 OF 4
SUBJECT: Objective Design Standards Direction
DATE: May 2, 2024
DISCUSSION (continued):
B. Architecture
This topic was considered during the November 15, 2022, Town Council discussion. When architectural style is included within Objective Standards, it is most effective in those areas where a single style is uniformly used. For the Town, with a diverse history of architectural styles, this work would require identification of specific areas on a map and specification of a limited number of allowed styles along with specific objectively defined criteria for what constitutes each style. The mixture of architectural styles used throughout Town would require an extensive process. Alternatively, the Council could dictate which two or three styles are appropriate for these types of streamlined projects, limit the projects to these styles, and then provide standards for just those styles.
C. Historic Significance
Much of the discussion in the previous section on Architecture would also apply to this topic.
D. Transition Between Neighborhoods
As noted for Architecture above, this will be extremely challenging to make objective. The Town may have a few neighborhoods that have one or two distinct architectural styles, and the boundaries of those neighborhoods would need to be specifically delineated and the allowed styles and how to address transitions would need to be identified for each. If Council chose the path of dictating the styles appropriate to these streamlined projects, there may be more opportunity to create standards for neighborhood compatibility; however, it will still be extremely difficult.
When considering the work described above, an additional factor is the fact that for most of the projects to which these Objective Design Standards apply, the State provides them with the ability to use concessions or waivers to circumvent these standards through State Density Bonus law or other State laws.
CONCLUSION:
This agenda item has been scheduled to allow Town Council to discuss potential future work on Objective Design Standards and provide direction to staff on how to proceed. Staff recommends consideration of the following questions:
1. Are there modifications to the Town’s Objective Design Standards that should be pursued at this time?
2. If so, what specific topics should be included in the drafting of new/modified standards?
ITEM NO. 18.
PAGE 4 OF 4
SUBJECT: Objective Design Standards Direction
DATE: May 2, 2024
CONCLUSION (continued):
3. Would the Town Council like staff to prepare a new request for proposals (RFP) or work with the previous consultant for this effort?
4. What funding source would the Town Council like to use for this project? Staff looks forward to the Town Council’s discussion and direction.
FISCAL IMPACT:
The fiscal impact depends on the scope of the work proposed. The development of the existing Objective Design Standards involved a grant from the State for $160,000. Most of this amount ($121,920.90) went toward a contract with a consultant and the remaining partially offset staff time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development, approved on November 15, 2022
ITEM NO. 18.
Objective Design Standards January 31, 2023
TOWN OF LOS GATOS
OBJECTIVE DESIGN STANDARDS FOR
QUALIFYING MULTI-FAMILY AND MIXED-USE RESIDENTIAL DEVELOPMENT Updated January 31, 2023
PURPOSE AND APPLICABILITY
The purpose of the Objective Design Standards is to ensure that new qualifying projects in Los Gatos provide high-quality architecture, integrate with surrounding development, and include well-designed amenities and outdoor areas to enhance community character.
These standards are intended to guide property owners, applicants, developers, and design professionals by providing clear design direction that enhances the Town’s unique character and ensures a high-quality living environment.
California Government Code Section 65589.5 identifies Qualifying Housing Development Projects to include:
• Multi-family housing developments;
• Residential Mixed-Use Housing developments with a minimum of two-thirds of the square footage designated for residential use; or
• Supportive and transitional housing development.
A Qualifying Housing Development Project shall be approved through a streamlined, ministerial review process when the project complies with these Objective Design Standards as well as complying with all existing objective development regulations in the Town, including but not limited to the following:
• General Plan;
• Town Code;
• Guidelines and Standards for Land Use Near Streams;
• Bicycle and Pedestrian Master Plan;
• Parks and Public Works Standards; and
• Santa Clara County Fire Department Requirements.
These standards are only to be used for review of qualifying projects where Town review, approval, and/or denial is limited to only objective design standards. Many projects will proceed through the standard review process, in which case the objective design standards included herein would not apply.
ORGANIZATION
The Objective Design Standards are organized into two primary sections: Site Standards; and Building Design. The Site Standards section includes objective design standards for site layout and building placement; vehicular access and parking; and outdoor areas and amenities. The Building Design section includes objective design standards for building form and massing; façade articulation; materials; and roof design.
ATTACHMENT 1
ITEM NO. 18.
Objective Design Standards January 31, 2023
KEY TERMS
Community recreation space in Residential Mixed-Use developments means public gathering spaces, such as: plazas, outdoor dining areas, squares, pocket parks, or other community areas for the use of all residents and the business patrons and tenants.
Community recreation space in multi-family developments means gathering spaces, such as:
play areas, pool areas, patios, rooftop decks, or other community areas for the use of all residents.
Façade articulation means the division of a building façade into distinct sections; including the materials, patterns, textures, and colors that add visual interest to a building or façade.
Fenestration means the design, construction, and presence of any openings in a building, such as: windows, doors, vents, wall panels, skylights, curtain walls, and louvers.
Landscaping means an area devoted to plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials; excluding driveways, parking, loading, or storage areas.
Multi-family use means the use of a site for three or more dwelling units on the same site.
Objective Design Standards means development regulations that are measurable, verifiable, and knowable to all parties prior to submittal of a qualifying project. A planning review process based on objective design standards involves streamlined ministerial review with no personal or subjective judgement by a public official.
Primary building means a building within which the principal or main use on a lot or parcel is conducted. Where a permissible use involves more than one building designed or used for the primary purpose on the subject property, each such building on the parcel shall be construed as constituting a primary building.
Private recreation space at ground level means an outdoor enclosed patio or deck accessible from a single dwelling unit.
Private recreation space above ground level means an outdoor balcony, terrace, or rooftop deck, accessible from a single dwelling unit.
Residential Mixed-Use means a development project where a variety of uses such as office, commercial, and institutional, are combined with residential use(s) in a single building or on a single site in an integrated project. Two thirds of the project square footage must be residential uses.
Transitional and supportive housing means a type of housing used to facilitate the movement of people experiencing homelessness into permanent housing and independent living.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A. SITE STANDARDS
A.1. Pedestrian Access
1.1 All on-site buildings, entries, facilities, amenities, and vehicular and bicycle parking areas shall be internally connected with a minimum four-foot-wide pedestrian pathway or pathway network that may include use of the public sidewalk. The pedestrian pathway network shall connect to the public sidewalk along each street.
1.2 Pedestrian pathways within internal parking areas shall be separated from vehicular circulation by a physical barrier, such as a grade separation or a raised planting strip, of at least six inches in height and at least six feet in width. A pedestrian pathway is exempt from this standard where it crosses a parking vehicular drive aisle.
Figure A.1.2
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.2. Short-Term Bicycle Parking (Class II)
Short-term bicycle parking (Class II bicycle parking facility) consists of racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.
2.1 Short-term bicycle parking space shall be located within 50 feet of the primary pedestrian building entrance.
2.2 Short-term bicycle parking shall be provided at a rate of one space per dwelling unit and one space per 2,000 square feet of non-residential floor area.
2.3 Each short-term bicycle parking space shall be a minimum of seven feet in length and two feet in width.
2.4 If more than 20 short-term bicycle spaces are provided, at least 50 percent of the spaces shall be covered by a permanent solid-roofed weather protection structure.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.3. Long-Term Bicycle Parking (Class I)
Long-term bicycle parking facilities (Class I bicycle parking facility) consists of bicycle lockers or bicycle rooms with key access for use by residents.
3.1 Long-term bicycle parking facilities shall be located on the ground floor and shall not be located between the building and the street.
3.2 Multi-family residential and residential mixed-use buildings shall provide one long-term bicycle parking space per dwelling unit. Developments such as townhomes that include individual garages for each unit shall not be required to provide long-term bicycle parking.
3.3 Bicycle locker minimum requirements:
a. Dimensions of 42 inches wide, 75 inches deep, and 54 inches high. b. Must withstand a load of 200 pounds per square foot. c. Opened door must withstand 500-pound vertical load.
Figure A.3.3
ITEM NO. 18.
Objective Design Standards January 31, 2023
3.4 Bicycle rooms with key access minimum requirements:
a. Bicycle rooms shall have a minimum ceiling height of seven feet. b. Bicycle rooms shall contain racks that support the bicycle frame at two points and allow for the bicycle frame and one wheel to be locked to the rack with a U-lock.
c. Long-term bicycle parking spaces shall be served by an aisle with a minimum width of six feet.
d. Maneuverability space of at least two feet shall be provided between the aisle and long-term bicycle parking spaces
e. Each horizontal long-term bicycle parking space shall be a minimum of seven feet in length, two feet in width, four-and one-half feet in height. Each vertical long-term bicycle parking space shall be a minimum of three-and one-half feet in length, two feet in width, and seven feet in height.
Figure A.3.4
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.4. Vehicular Access
4.1 Off-street parking lots shall have vehicular circulation using an internal vehicular network that precludes the use of a public street for aisle-to-aisle internal circulation.
Figure A.3.1
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.5. Parking Location and Design
5.1 Surface parking lots and carports shall not be located between the primary building frontage and the street.
5.2 Uncovered parking rows with at least 15 consecutive parking spaces shall include a landscape area of six feet minimum width at intervals of no more than 10 consecutive parking stalls. One tree shall be provided in each landscape area.
Figure A.4.2
A.6. Parking Structure Access
6.1 Any vehicular entry gate to a parking structure shall be located to allow a minimum of 18 feet between the gate and the back of the sidewalk to minimize conflicts between sidewalks and vehicle queuing.
6.2 A parking structure shall not occupy more than 50 percent of the building width of any street-facing façade, and it shall be recessed a minimum of five feet from the street-facing façade of the building.
6.3 For projects with five or more residential units and that have a vehicle access gate to the parking structure, a pedestrian gate shall also be provided.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.7. Utilities
7.1 Pedestrian-oriented lighting shall be provided along all pedestrian paths in community recreation spaces. Exterior lighting fixtures shall be a minimum of three feet and a maximum of 12 feet in height. Light fixtures shall be placed along the pedestrian path at a spacing of no more than 30 linear feet.
7.2 Exterior lighting shall be fully shielded and restrain light to a minimum 30 degrees below the horizontal plane of the light source. Lighting shall be arranged so that the light will not shine directly on lands of adjacent residential zoned properties. Uplighting is prohibited.
Figure A.6.2
7.3 Street-level views of ground level utility cabinets, mechanical equipment, trash, and service areas shall be screened from sight with landscape planting, fencing, or a wall, as allowed by the Town Code. The screening shall be at least the same height as the item being screened and screening that is not landscape material shall be constructed with one or more of the materials used on the primary building.
7.4 Rooftop mechanical equipment shall be screened from view from the street.
Solar equipment is exempt from this requirement.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.8. Landscaping and Screening
8.1 At least 50 percent of the front setback area shall be landscaped.
8.2 A minimum 10-foot-wide landscape buffer shall be provided along the full length of the shared property line between multi-family or Residential Mixed-Use development and abutting residential properties. The buffer shall include the following:
a. A solid masonry wall with a six-foot height, except within a street-facing setback where walls are not permitted; and
Figure A.7.2a
b. Trees planted at a rate of at least one tree per 30 linear feet along the shared property line. Tree species shall be selected from the Town of Los Gatos Master Street Tree List and shall be a minimum 15-gallon size.
8.3 Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.9. Fencing
9.1 Fences, walls, and gates within required setbacks along all street frontages are prohibited unless used to screen on-site parking spaces from view from the street.
9.2 Chain link fencing is prohibited.
9.3 Perimeter barrier gates for vehicles and pedestrian entry gates shall have a maximum height of six feet.
9.4 Solid vehicular and pedestrian entry gates are prohibited. Entry gates shall be a minimum 50 percent open view.
A.10. Retaining Walls
10.1 Retaining walls shall not exceed five feet in height. Where an additional retained portion is necessary, multiple-terraced walls shall be used. Terraced walls shall set back at least three feet from the lower segment.
10.2 Retaining walls shall not run in a straight continuous direction for more than 50 feet without including the following:
a. A break, offset, or landscape pocket in the wall plane of at least three feet in length and two feet in depth; and
b. Landscaping at a minimum height of three feet at the time of installation along a minimum of 60 percent of the total length of the retaining wall.
A.11. Landscaped, Private, and Community Recreation Spaces
11.1 The landscaped, private, and community recreation spaces listed below are required for all qualifying projects. Community recreation spaces and private recreation spaces are calculated independent of each other. Landscaped areas within community recreation spaces can contribute to required minimums for both landscaped area and community recreation space.
a. Landscaped space: A minimum of 20 percent of the site area shall be landscaped.
b. Private recreation space: The minimum horizontal dimension is six feet in any direction and a minimum area of 60 square feet. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Landscaped sections of private recreation space shall not count towards required landscaping requirements. i. Each ground floor dwelling unit shall have a minimum of 120 square feet of usable private recreation space.
ITEM NO. 18.
Objective Design Standards January 31, 2023
ii. Each dwelling unit above the ground floor shall have a minimum of 60 square feet of usable private recreation space. Where multiple balconies are provided for a single unit, the 60-square-foot minimum can be an aggregate of all balconies, provide each balcony meets the requirements for minimum horizontal dimensions.
c. Community recreation space: The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage. ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or less residential units is exempt from community recreation space requirements.
iv. Landscaped roof space can satisfy both required landscaping requirements and community recreation space requirements.
Landscaped roof space may not be used to satisfy more than 50 percent of the required landscaping for the site.
ITEM NO. 18.
Objective Design Standards January 31, 2023
A.12. Building Placement
12.1 To ensure buildings provide a continuous frontage along sidewalks, development in commercial zones shall place at least 75 percent of any ground floor street-facing façade on or within five feet of the setback line designated in the Town Code.
Figure A.11.1
12.2 A Residential Mixed-Use project with a ground-floor non-residential use shall provide site amenities on a minimum of 15 percent of the ground plane between the building and the front or street-side property line. The site amenities shall be comprised of any of the following elements:
a. Landscape materials or raised planters;
b. Walls designed to accommodate pedestrian seating, no higher than 36 inches;
c. Site furnishings, including fountains, sculptures, and other public art; or d. Tables and chairs associated with the ground floor use.
ITEM NO. 18.
Objective Design Standards January 31, 2023
B. BUILDING STANDARDS
B.1. Massing and Scale
1.1 Multiple-story building façades that face a street shall incorporate breaks in the building mass by implementing a minimum of three of the following solutions along the combined façade area of all primary buildings facing the street:
a. A minimum of 40 percent of the upper floor façade length shall step back from the plane of the ground-floor façade by at least five feet; Figure B.1.1a