Los Gatos City Council
June 16, 2026

ITEM NO. 10.

Agreement for Professional Services
Sanbell
F. Compensation: Compensation for Consultant's professional services shall not exceed $98,895.00 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. 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
Email (preferred): [email protected]
H. 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 offices during business hours upon written request of the Town.

I. 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.

J. 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 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.

K. 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

ITEM NO. 10.

Agreement for Professional Services
Sanbell
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.

L. Non-Discrimination. 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
A. Minimum Scope of Insurance:

1. 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.

2. 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.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. 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.

B. General Liability:

1. 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.

2. 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 officers, officials, employees or agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

ITEM NO. 10.

Agreement for Professional Services
Sanbell

4. 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.

C. 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.

D. 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. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

E. Indemnification. The Consultant shall indemnify 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 work which may be occasioned by any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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 Service Provider. In the event of such termination, Town shall pay Consultant an amount that bears the

ITEM NO. 10.

Agreement for Professional Services
Sanbell
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.

E. 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.

F. 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
Sanbell
390 Willow Pass Rd, Ste 300, Concord, CA 94520
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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.

Attachments:

A - Scope & Cost Proposal - 709 University Ave Project

ITEM NO. 10.

Agreement for Professional Services
Sanbell Page 664
ITEM NO. 10.

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

TOWN OF LOS GATOS: SANBELL:
**signature_131539**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_131539**

DATE SIGNED
**signature_131540**

SIGNATURE
Robert Broestl

ENTER CONSULTANT SIGNATORY'S NAME
Principal Engineer

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_131540**

DATE SIGNED
Approved as to form:
**signature_131542**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_131542**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 10.

Exhibits List
A - Scope & Cost Proposal - 709 University Ave Project

ITEM NO. 10.

Exhibit A
Scope & Cost Proposal - 709 University Ave Project

ITEM NO. 10.
1 of 3

SCOPE OF SERVICES
709 UNIVERSITY AVENUE DRAINAGE SYSTEM REPLACEMENT PROJECT During design, CCTV inspection of the existing storm drain identified severe damage/corrosion within the pipe. However, the CCTV was only able to inspect a limited portion of the line, so the full extent of the deterioration could not initially be confirmed.

In early March 2026, the Town of Los Gatos (“Town”) retained Sanco Pipelines to pothole and expose additional portions of the pipe to better determine the condition of the unverified segments. Based on that work, it was determined that the existing 24-inch storm drain pipe is extensively deteriorated and structurally compromised, with damage significantly exceeding what was anticipated at the outset of design. The severity and extent of these conditions have been documented in prior correspondence with the Town.

These conditions were not known at the time of the original scope and have materially changed the nature of the project. The budget under the original scope has been fully utilized, and the additional work required to evaluate these conditions is outside that scope and requires a contract amendment.

TASK 1 – PROJECT ADMINISTRATION & MEETINGS
Sanbell will provide project administration and coordination for the additional services included in this scope. This task includes budget tracking, schedule coordination, internal coordination, and general communication with Town staff.

This task assumes up to three (3) virtual coordination meetings during the alternatives analysis phase and up to three (3) virtual coordination meetings during the design development phase.

DELIVERABLES: Meeting agendas/summaries, as needed.

TASK 2 – POTHOLING, UTILITY RESEARCH, & ADDITIONAL TOPO Sanbell will coordinate with the Town and potholing contractor to plan and perform additional targeted potholing. This effort will further investigate subsurface conditions, verify pipe/trench conditions, and identify potential conflicts along the existing and proposed alternative alignments.

Potholing will be performed by Certerra Subsurface Imaging, Inc., as a subcontractor to Sanbell. The potholing scope includes up to 10 potholes, assumed to be standard 12-inch by 12-inch potholes performed to the top of pipe, encasement, or stop depth. The work will include Dig Alert coordination/delineation, vacuum excavation, slurry backfill, removal of debris, hot patching, standard traffic control, and preparation of a pothole report documenting the findings. Hot patching will be performed in accordance with City standards and is assumed to include backfill with up to two sacks of slurry, a hot mix patch up to 2 feet by 2 feet, grinding, and capping. Standard traffic control is included, with additional flagging or traffic control measures provided only if required by the Town/City.

ITEM NO. 10.
2 of 3
The Town will coordinate potholing access with affected homeowners and the HOA, as necessary. It is assumed that the Town will not charge encroachment permit fees, traffic control plan review fees, or other Town permit/review fees associated with the potholing work.

Sanbell will also perform utility research to identify existing utilities within the project area using available records and mapping. This information will be used to support the alternatives analysis and identify potential conflicts, access limitations, and construction considerations.

Sanbell will perform supplemental topographic and field survey, as needed, to support the alternatives analysis. Since some alternatives may extend beyond the limits of the existing survey, additional field data may be needed to evaluate potential alignments, identify site constraints, and support the Town’s selection of a preferred alternative. Budget for this effort has been included in the cost proposal.

TASK 3 – ALTERNATIVE ANALYSIS
Sanbell will perform an alternatives analysis to evaluate feasible repair approaches for the failed storm drain system. This effort will support the Town in selecting a preferred repair method.

The following alternatives will be evaluated:

1. Alternative 1 (Open Trench) – trench repair and installation of new storm drain pipe along the existing alignment.

2. Alternative 2 (Slip Lining) – trench repair, slip lining of the existing pipe, and pressure grouting of annular spaces and voids.

3. Alternative 3 (Realignment / Bubble-Up) – approximately 250 linear feet of new storm drain pipe extending south to a bubble-up along Winchester Boulevard / North Santa Cruz Avenue.

4. Alternative 4 (Bubble-Up) - convert existing catch basin at Winchester Boulevard to bubble up and allow all overland stormwater flow to drain to next downstream catch basin.

5. Alternative 5 (Realignment) – new storm drain line from Winchester Boulevard along the University Oaks driveway to University Avenue.

6. Alternative 6 (Realignment) – approximately 500 linear feet of new storm drain pipe extending southerly to the existing inlet at Blossom Hill Road.

Sanbell will focus initial efforts and analyze Alternatives 1 – 4. If it is deemed that these alternatives are not feasible, Sanbell will notify the Town before analyzing Alternatives 5 – 6.

The results of this analysis will be compiled into a technical memorandum to support Town review and selection of a preferred method and alignment. For each alternative, the technical memorandum will include:
• Conceptual Layout
• Feasibility & Constraint Assessment
• Preliminary Hydraulic Evaluation
• Planning-Level Cost Estimate
DELIVERABLES: Technical Memorandum

ITEM NO. 10.
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TASK 4 – DESIGN DEVELOPMENT
Following selection of a preferred alternative and alignment by the Town, Sanbell will produce 60%, 90%, and final bid set design documents. Each submittal will include plans, specifications, and an engineer’s estimate. Specifications will be prepared consistent with Town standards and applicable Caltrans Standard Specifications.

Following Town review of the 60% and 90% submittals, Sanbell will facilitate design review meetings to review Town comments and identify remaining items before advancing to the next submittal.

Sanbell will coordinate with the Town throughout design to refine the selected approach. Design will consider access constraints, utility conflicts, and construction considerations identified during the alternatives analysis.

DELIVERABLES: 60%, 90%, and Final Bid Set Plans, Specifications, and Engineer’s Estimate.

TASK 5 – STORM DRAIN EASEMENT LEGAL & PLAT
If the Town selects an alternative that requires realignment of the storm drain outside the existing easement, Sanbell will prepare a new storm drain easement legal description and plat. This task is anticipated to apply to the University Avenue realignment alternative, which would route the storm drain along the University Oaks driveway from Winchester Boulevard to University Avenue.

Sanbell’s survey staff will review the proposed alignment, existing property/easement information, available record maps, and supporting design information to prepare the easement documents. The legal description and plat will define the proposed easement area needed for construction, access, operation, maintenance, and future replacement of the storm drain facility.

This task includes survey office time required to prepare the legal description and plat in a format suitable for Town review and future recordation. Any title company coordination, recording fees, property owner negotiations, or legal review by others are not included.

DELIVERABLES: Storm drain easement legal description and plat TASK 6 – BID PHASE SUPPORT
Sanbell will provide limited support during the bidding phase. This includes responding to contractor questions, assisting with interpretation of bid set documents, and preparing addenda, as needed.

Sanbell will coordinate with the Town during bid advertisement to support issuance of clarifications and ensure consistency with the contract documents.

DELIVERABLES: Responses to bidder inquiries and preparing addenda, as required.

ITEM NO. 10.

Principal-in-Charge
Principal Engineer
Project Manager
Senior Engineer II
Design Engineer
Project Engineer I
Staff Engineer
Engineering Tech
Project Surveyor
Professional Surveyor I
Surveyor
Professional Surveyor II
Survey Crew
2-person survey crew
Surveying Staff
Staff Surveyor II
Administrative
$260 $224 $184 $100 $256 $240 $326 $184 $116
No. Task Description Total Hours Total Labor Costs Sub Consultants Total

1.1 Project Administration (Includes Status Reports & Schedule Updates) 1 10 6 - - - - - 4 21 $4,068 - $4,068

1.2 Project Meetings 2 8 8 - - - - - - 18 $3,784 - $3,7842.1 Potholing (Up to 10 Potholes) - 2 8 - - - - - - 10 $1,920 $27,627 $29,547

2.2 Utility Research - 4 16 - - - - - - 20 $3,840 - $3,8402.3 Right-of-Way & Easement Research - 1 2 - - 4 - 4 - 11 $2,288 - $2,288

2.4 Additional Topo & Field Survey - - 2 - - - 10 12 - 24 $5,836 - $5,836

3.1 Alternative Analysis of Proposed Alignments & Methods 2 10 40 12 - - - - - 64 $11,320 - $11,320

4.1 Plans, Specifications, & Estimate (60%) 1 12 44 - - - - - - 57 $11,044 - $11,044

4.2 Plans, Specifications, & Estimate (90%) 1 10 40 - - - - - - 51 $9,860 - $9,8604.3 Plans, Specifications, & Estimate (Bid Set) 2 8 32 - - - - - - 42 $8,200 - $8,200

5.1 Preparation of Storm Drain Easement Legal & Plat - - - - 2 18 8 - - 28 $7,440 - $7,4406.1 Bid Phase Support 1 3 4 - - - - - - 8 $1,668 - $1,668 10 68 202 12 2 22 18 16 4 354 $71,268 $27,627 $98,895
1 The above cost proposal is for the anticipated work as described in the Contract Amendment Request for Additional Engineering Services 2 Distribution of hours may vary based on the actual level of effort required during performance of the services.3 The Town of Los Gatos will provide all available utility information requested by Sanbell. 4 The above labor rates are based on the 2026 Sanbell Billing Rate schedule.

Notes:

Cost Proposal for Contract Amendment Request
709 University Avenue Drainage System Replacement Project Labor Categories
Task 6 - Bid Phase SupportTask 5 - Storm Drain Easement Legal & Plat Potholing
Certerra Subsurface
Imaging, Inc.
5/13/2026
Task 4 - Design DevelopmentTask 3 - Alternative AnalysisTask 2 - Potholing, Utility Research, & Additional TopoTask 1 - Project Administration & Meetings Town of Los Gatos

ITEM NO. 10.

Billing Rates
Jan 1, 2026 to
Dec 31, 2026
Engineering Services
Engineering Technician $108
Staff Engineer I $146
Staff Engineer II $162
Staff Engineer III $176
Staff Engineer IV $190
Project Engineer I / Project Manager I $184
Project Engineer II / Project Manager II $224
Senior Engineer I / Senior Project Manager $228
Senior Engineer II / Senior Project Manager $242
Principal Engineer I $260
Principal Engineer II $288
Construction Services
Public Works Inspector $176
Senior Public Works Inspector $190
Public Works Inspector Assistant $146
Construction Manager $228
Administrative $116
Resident Engineer $224
Land Surveying Services
Safety Monitor/Flag Person $128
Staff Surveyor I $146
Staff Surveyor II $176
Staff Surveyor III $184
Professional Land Surveyor I $240
Professional Land Surveyor II $256
Survey, Party Chief II $196
Survey, Journeyman Rodman $130
Survey, Apprentice I $84
Survey, Apprentice II $90
Survey, Apprentice III $110
Survey, Apprentice IV $126
2-Man Survey Crew $326
3-Man Survey Crew $436
Drone Photography/Videography $240
Graphic Artist $154
Legal & Expert Services
Document Review and Case Meetings $270
Depositions and Trial Testimony $446
Client authorized overtime work will be charged at 135% of the standard hourly *** billing rates to increase 4% per year, beginning on January 1 Expenses
Bond $0.50/SF
Mylar $18/SF
Large Format Color Presentation $3.00/SF
Company Vehicle at Site $16/hr
Color Copies - 8.5x11 $1.50/EA
Color Copies - 11x17 $2.5/EA
Other Direct Project Expenses Cost + 10%
Subcontractors Cost + 10%
Outside Printing & Delivery Service Cost + 10%
Exhibit D EXHIBIT F EXHIBIT F

ITEM NO. 10.

Agreement for Consultant Services
Sanbell

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on 22nd day of May 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Sanbell, (“Consultant”), identified as a C Corporation and whose address is 1390 Willow Pass Rd, Ste 300, Concord, CA 94520. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide design for Vasona storm drain replacement project.

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 May 1 2025, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect from upon execution through May 16, 2026. Consultant shall perform the services described in this agreement as described in Exhibit A.

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 


 



 








ATTACHMENT 2 Page 673
ITEM NO. 10.

Agreement for Consultant Services
Sanbell
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 $49,956, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.

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
Email (preferred): [email protected]

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 


 



 









ITEM NO. 10.

Agreement for Consultant Services
Sanbell
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 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 


 



 









ITEM NO. 10.

Agreement for Consultant Services
Sanbell
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.
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 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 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 


 



 









ITEM NO. 10.

Agreement for Consultant Services
Sanbell
Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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.

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:



 



 









ITEM NO. 10.

Agreement for Consultant Services
Sanbell
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Sanbell
1390 Willow Pass Rd, Ste 300
Concord, CA 94520
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.




 



 









ITEM NO. 10.

Agreement for Consultant Services
Sanbell
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

________________________________________
Chris Constantin, Town Manager
Sanbell by:

________________________________________
Robert Broestl, Principal Engineer

Recommended by:

________________________________________
Nicolle Burnham,
Director of Parks and Public Works

Approved as to Form:

________________________________________
Gabrielle Whelan, Town Attorney

Attest:

________________________________________
Wendy Wood, CMC, Town Clerk




 



 



















ITEM NO. 10.
1390 Willow Pass Rd., Suite 300 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 May 1, 2025
Mr. Sean Rose
Town of Los Gatos
Parks & Public Works Department
41 Miles Avenue
Los Gatos CA 95030
Regarding: Proposal to provide Surveying and Engineering Design Services for the 709 University Avenue & Vasona Storm Drain Project
Dear Mr. Rose:

Bellecci & Associates (dba; Sanbell – Bay Area) appreciates the opportunity to work with the Town of Los Gatos. Per our conversation on April 24, 2025 and your follow up email on April 25, 2025, Sanbell proposes to provide surveying and engineering design services to the Town of Los Gatos for the 709 University Avenue & Vasona Storm Drain Project.

Attached for your review is our proposed scope of service and cost proposal to provide the surveying and engineering services requested in the Town’s RFP.

Bellecci proposes to provide the services outlined in this proposal for an estimated fee of $49,956.00 for both sites to be invoiced monthly on an hourly basis. We will not exceed this fee without prior approval from the Town.

We are excited about the opportunity to assist the Town with this project. If you have any questions, feel free to call me at 925-318-2071.

Sincerely,

BELLECCI &ASSOCIATES,INC
Robert Broestl, PE
Principal Engineer I

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ITEM NO. 10.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1 Project Understanding
The Town of Los Gatos seeks engineering design services for the replacement of 2 corrugated metal storm drain pipes (CMP) that have corroded and missing inverts due to the age of the pipes. The soil material under the pipes has eroded away in the areas where the pipe invert is completely missing due to the corrosion. The void under the pipes created by erosion is causing sink holes and instability of the ground surface over the pipes. The aerial image below shows the approximate locations of the project sites.

The two project sites are as follows:

1. 709 University Avenue – 24” CMP located in an easement between buildings. Generally, the anticipated repairs include either replacing the CMP pipe or lining the existing pipe with a cured in place liner (CIP), and restoration of the existing ground surface over the pipe.

2. Vasona – 36” CMP crossing University Avenue and through a park with an outfall into Los Gatos Creek at Vasona Reservoir. Generally, the anticipated repairs include replacing the CMP pipe, repair of the existing rock outfall and restoration of the existing ground surface over the pipe.

The scope of work for the above project is described in more detail below:

Site #1
Site #2
N
Concord, CA 94520 bellecci.com Pleasanton, CA 94566










 





ITEM NO. 10.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1 Scope of Work:

PROJECT MANAGEMENT, MEETINGS AND PROGRESS REPORTS
Sanbell will attend meetings with Town staff throughout the design process. The meetings shall include:
x One (1) kick-off meeting at the project site with Public Works staff and project stakeholders x Two (2) design review meetings (virtual meetings) with Public Works staff x Schedule and coordinate with staff
In addition, Sanbell will provide project progress updates monthly. The report will include accomplishments, anticipated problems or issues, schedule updates and schedule of upcoming events. In addition, we will provide cost reports with every invoice that highlights the approved budget, budget remaining, and amount spent for the invoicing period, estimated cost at completion and an estimate of the percent complete.

Deliverable: Progress reports and meeting agendas & minutes

DETAILED SITE INVESTIGATION
Sanbell will visually inspect the project sites to assess and accomplish the following:
x Review existing site conditions.
x Determine the existing access constraints at the project site. x Determine the limits of work and identify possible construction issues. x Identify possible conflicts with visible utilities (valves, manholes, monuments, etc.).

Deliverable: None

TOPOGRAPHIC SURVEY FOR BASE MAP
Sanbell will provide topographic surveying services by a licensed Professional Land Surveyor for development of topographic maps. We will provide an aerial image supplemented with ground shot information by the Sanbell survey crews. The topographic survey will include the following activities:
x Establish survey control using GPS coordinates (NAD 83, NAVD 88, Epoch 2010, Zone 3). x Provide ground shot topographic survey for the areas at the site scheduled to receive new improvements. Supplemental survey to include the following:
o Curbs, gutters, sidewalks, driveways and existing improvements o Sewer manhole rim and clean-outs.
o Storm drain manhole rim elevations and catch basin grate elevations and inverts. o Water valve boxes, meter boxes and fire hydrants.
o Miscellaneous dry utility (PG&E, AT&T, etc.) boxes and equipment. o Trees with trunk diameter.

Deliverable: None










 





ITEM NO. 10.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1

COORDINATION WITH UTILITIES
Sanbell will coordinate with owners of the utilities (including Town owned facilities) in the project areas to obtain their utility base maps for use in developing the plans. Utility locations will be shown on the base map used for the design of the improvements.

Deliverable: Copies of the correspondence with the utility companies

PLANS, SPECIFICATIONS AND ESTIMATES
The plans, technical specifications and cost items will be compiled in standard Town format. The plans will be prepared in ACAD and use the aerial image supplemented with the topographic survey as the design base maps. The plans will be at a 1” = 20’ scale on 22”x34” plan sheets and will include details needed for the construction of the project. We will prepare technical specifications using the format of the Town of Los Gatos and Caltrans 2024 Standard Specifications. Sanbell will provide the Town with 35% (conceptual), 80% and Bid submittal.

Engineer’s estimates will be provided with each submittal.

Deliverable: Electronic files (PDF) of Plans and Estimate at the 35% (conceptual), and electronic files of Plans, Specifications and Estimate 80% Design Stage and Final Bid Documents

BID SUPPORT (OPTIONAL)
During the bidding phase, Sanbell will assist the Town with the bidding process and provide the Town with assistance to answer any Contractor questions pertaining to the plans and specifications. We will prepare and issue contract addenda, as needed.

Deliverable: Copies of all addenda and correspondence

CONSTRUCTION SUPPORT SERVICES (OPTIONAL)
Sanbell will attend the preconstruction meeting as required. We will review the contractor submittals for compliance with the specifications and respond within ten days. We will also clarify questions regarding the plans (RFIs), review change order requests from the contractor and prepare as-needed plan modifications for the change orders.

In addition, Sanbell will prepare as-built plans for the Town’s records. As-built changes will be based on the red line mark-ups from the Contractor and the Construction Manager.

Deliverable: Copies of all correspondence










 





ITEM NO. 10.

TASK RATE 248 228 180 162 236 284 180 106
# TASKS DESCRIPTION Principal Professional Engineer II Assistant Professional 2-Man Survey Administrative HRS. DIRECT TOTAL Engineer I Engineer II Engineer II Surveyor I Survey Party Technician III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 12 2 14 $3,188.00 2 Project Meetings (Town Staff) 4 4 8 $1,904.003 QA/QC 22 4 $952.00 Sub-Total 18 6 0 0 0 0 0 2 26 $6,044.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, etc.) 2 2 6 10 $1,924.002 Topographic Survey Base Map 2 2 10 8 22 $5,248.003 Detailed Site Investigation 2 6 6 14 $2,944.00 Sub-Total 6 8 6 6 2 10 8 0 46 $10,116.00
1 35% Conceptual Plans & Estimate 4 8 16 48 2 78 $13,684.002 80% Plans, Specification & Estimate and Bid Plans, Specifications & Estimate (100%) 4 16 28 60 2 110 $19,612.00 Sub-Total 8 24 44 108 0 0 0 4 188 $33,296.00
1 Bid Period Services 0 0 0 0 0 $0.00
Sub-Total 0 0 0 0 0 0 0 0 00 $0.00
1 Construction Phase 0 0 0 0 0 $0.00
Sub-Total 0 0 0 0 0 0 0 0 00 $0.00
1 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) 0 $500 $500 PROJECT TOTAL 32 38 50 114 2 10 8 6 260 $500 $49,956
12 Miscellaneous expenses include mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx, etc.3456 Town will print and distribute all bid documents.

Project Assumptions
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total approved budget is not exceeded.Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others. If needed, the Town will provide the storm drain video inspection files for the storm drain lines.Town pays for all outside agency fees (Environmental, Caltrans, utility companies, etc.).

Task 1 - Project AdministrationTask 2 - Site Investigation, Data Collection, & SurveyTask 3 - Plans, Specifications & Estimate Task 4 - Bid Support (Optional)Task 5 - Construction Phase (Optional)

COST PROPOSAL
Town of Los Gatos709 University Avenue & Vasona Storm Drain Project April 30, 2025

PROJECT BUDGET ESTIMATE










 





ITEM NO. 10.

AMENDMENT TO AGREEMENT

Amendment to Agreement
Sanbell
This AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Consultant Services dated May 22, 2025, made by and between the Town of Los Gatos, ("Town,") and Sanbell (“Consultant”), a Corporation and whose address is 1390 Willow Pass Rd, Ste 300, Concord, CA 94520.

A. Town and Contractor entered into an Agreement for Consultant Services on May 22, 2025 (“Agreement”).

B. The parties desire to amend the Agreement in order to extend the term and time of performance.

AMENDMENT
A. Section 2.2 Term and Time of Performance is amended to read: This contract will remain in effect from upon execution through December 31, 2026.

B. All other terms and conditions of the Agreement remain in full force and effect. 














 


ITEM NO. 10.

TOWN OF LOS GATOS SANBELL:
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DATE SIGNED
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SIGNATURE
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CONTRACTOR SIGNATORY'S FULL NAME
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CONTRACTOR SIGNATORY'S TITLE
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DATE SIGNED
Approved as to form:
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DATE SIGNED
The execution date is the date on which the last party has signed. 














 














 

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ITEM NO. 10.

PREPARED BY: Jason Lin
Special Projects Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 11
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Professional Services with Sanbell for Engineering, Environmental, and Permitting Services for the Vasona Oak Storm Drainage Repair Project in the amount of $128,923
RECOMMENDATION: Authorize the Town Manager to execute an Agreement for Professional Services with Sanbell for engineering design, environmental technical studies, CEQA documentation, and multi-agency permitting support for the Vasona Oak Storm Drainage Repair Project (4628316; CIP No. 816-0418) in an amount of $128,923.

FISCAL IMPACT:

There is sufficient funding available to support this agreement through the carryforward of FY2025-26 appropriations into the Town’s adopted FY2026-27 Capital Improvement Program Budget (4628316; CIP No. 816-0418).

STRATEGIC PRIORITY:

This item does not directly support a Town’s Strategic Priority, but does align with the Town’s Core Goal of Quality Public Infrastructure as it will repair the failed storm drainage system between University Avenue and Vasona Lake.

BACKGROUND:

The FY 2026–2027 Capital Improvement Program includes funding for the Vasona Oak Storm Drainage Repair Project, which proposes replacement of an existing corrugated metal storm

ITEM NO. 11.

PAGE 2 OF 3
SUBJECT: Authorize The Town Manager to Execute an Agreement with Sanbell for the Vasona Oak Storm Drainage Repair Project
DATE: June 16, 2026
drain pipe that conveys runoff from University Avenue to an existing outfall into Vasona Lake.

The existing pipe has reached the end of its service life and requires replacement to address deterioration and localized trench erosion. The storm drain discharges into Vasona Lake through an existing outfall structure on property owned by Valley Water, and work in this area will require coordination and permitting with Santa Clara County Parks and several regulatory agencies.

The Town retained Sanbell through its on-call consultant list after informal bids identified them as the best-value, most qualified firm to evaluate drainage concerns at the Vasona Oak and 709 University sites. Under a single agreement, Sanbell was contracted to support Town staff in conducting early field work and assisted during the Town’s closed-circuit television (CCTV) inspection of the line, which confirmed significant deterioration and deficiencies that could not be addressed through routine maintenance.

In November 2025, the Town completed an emergency replacement of a failed culvert segment under University Avenue associated with the Vasona Oak storm drainage system. With the failed culvert replaced within the Town’s right-of-way, the remaining project work focuses on replacing the downstream pipe segment and completing outfall improvements on Santa Clara County Parks and Santa Clara Valley Water (Valley Water) right-of-way.

DISCUSSION:

The Town originally combined design efforts for both the Vasona Oak and 709 University drainage systems because the projects initially appeared to involve a straightforward storm drain replacement with limited design. As the investigation advanced, each site was found to require its own scope, technical analyses, and timeline. Consequently, the original effort is now being bifurcated into separate projects.

A separate agreement is needed for the Vasona Oak Storm Drainage Repair Project to allow Sanbell to advance the next phases of engineering design, environmental review, and permitting. Sanbell has already completed initial survey work and early design evaluations for this project. The remaining work for the Vasona Oak Storm Drainage Repair Project now focuses on replacing the deteriorated downstream pipe segment within the County Park, stabilizing eroded trench material, and completing improvements to the existing outfall structure at Vasona Lake. This work requires expanded engineering design, environmental documentation, and multi-agency permitting support with Valley Water, the Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California Department of Fish and Wildlife.

Sanbell’s expanded scope includes data collection and reconnaissance, supplemental survey, refinement of design plans for pipeline replacement and headwall improvements, and preparation of technical studies and documentation necessary for CEQA and regulatory

ITEM NO. 11.

PAGE 3 OF 3
SUBJECT: Authorize The Town Manager to Execute an Agreement with Sanbell for the Vasona Oak Storm Drainage Repair Project
DATE: June 16, 2026
permitting. Upon completion of technical studies and environmental review, Sanbell will prepare 60%, 90%, and final bid-ready plans, specifications, and an engineer’s estimate addressing pipe replacement, trench stabilization, surface restoration, and outfall improvements. Limited bid-phase support is included to provide assistance during project advertisement and respond to contractor inquiries.

Sanbell has been involved with the project since its inception and is familiar with the site conditions, previous design work, and the coordination required with outside agencies. Because Sanbell completed the initial investigation and early design development for this drainage system, continuing with them qualifies as a single-source selection under Section XV of the Town’s Purchasing Policy, which permits the selection of a consultant when prior work provides a compelling reason to do so. Continuing with Sanbell will maintain project continuity and avoid any duplicative effort associated with bringing a new consultant up to speed. This will help the Town efficiently complete the next stages of design, environmental review, and permitting needed to advance the project toward construction.

CONCLUSION:

The additional engineering design, environmental documentation, and permitting services proposed by Sanbell are necessary to advance the Vasona Oak Drainage Failure Repair Project.

Sanbell’s prior involvement and familiarity with the project’s site conditions and regulatory context provide continuity and efficiency in completing the remaining work. Staff recommend that the Town Council authorize the Town Manager to execute the proposed agreement with Sanbell in the amount of $128,923.

COORDINATION:

This report was coordinated with the Finance Department and the Town Attorney.

ENVIRONMENTAL ASSESSMENT:

Awarding of the engineering agreement is not a project defined under CEQA, and no further action is required. Environmental review for the underlying capital project will be completed as part of the design and permitting process. Preliminary evaluation indicates the project may qualify for a categorical exemption pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and/or 15302 (Replacement or Reconstruction); however, final CEQA determination will occur following completion of technical studies and environmental review.

Attachments:

1. Agreement for Professional Services with Sanbell for Vasona Oak Storm Drainage Repair Project

2. Original Sanbell Agreement for 709 University and Vasona Oak Projects

ITEM NO. 11.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Professional Services
Sanbell
Vasona Oak Drainage Failure Repair Project engineering and design services

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Sanbell (“Contractor”), a Corporation whose address is 390 Willow Pass Rd, Ste 300, Concord, CA 94520. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Consultant to provide professional services for design of the Vasona Oaks Storm Drainage Project.

B. Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. 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 the Consultant.

II. AGREEMENT
A. Scope of Services. Consultant shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A.

B. Term. The term of this Agreement shall be from upon execution to Friday, June 30, 2028.

C. 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 the Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license as required in Chapter 14 of the Code of the Town of Los Gatos.

D. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

E. 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 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 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 the 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.

ATTACHMENT 1

ITEM NO. 11.

Agreement for Professional Services
Sanbell
F. Compensation: Compensation for Consultant's professional services shall not exceed $128,923.00 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. 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
Email (preferred): [email protected]
H. 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 offices during business hours upon written request of the Town.

I. 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.

J. 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 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.

K. 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

ITEM NO. 11.

Agreement for Professional Services
Sanbell
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.

L. Non-Discrimination. 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
A. Minimum Scope of Insurance:

1. 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.

2. 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.

3. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. 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.

B. General Liability:

1. 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.

2. 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 officers, officials, employees or agents shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

ITEM NO. 11.

Agreement for Professional Services
Sanbell

4. 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.

C. 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.

D. 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. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

E. Indemnification. The Consultant shall indemnify 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 work which may be occasioned by any act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. Consultant shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. 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 Service Provider. In the event of such termination, Town shall pay Consultant an amount that bears the

ITEM NO. 11.

Agreement for Professional Services
Sanbell
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.

E. 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.

F. 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
Sanbell
390 Willow Pass Rd, Ste 300, Concord, CA 94520
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.

G. 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.

H. 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.

Attachments:

A - Scope & Cost Proposal - Vasona Oak Project

ITEM NO. 11.

Agreement for Professional Services
Sanbell Page 695
ITEM NO. 11.

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

TOWN OF LOS GATOS: SANBELL:
**signature_131487**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_131487**

DATE SIGNED
**signature_131488**

SIGNATURE
Robert Broestl

ENTER CONSULTANT SIGNATORY'S NAME
Principal Engineer

ENTER CONSULTANT SIGNATORY'S TITLE
**date_signed_131488**

DATE SIGNED
Approved as to form:
**signature_131491**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_131491**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 11.

Exhibits List
A - Scope & Cost Proposal - Vasona Oak Project

ITEM NO. 11.

Exhibit A
Scope & Cost Proposal - Vasona Oak Project

ITEM NO. 11.
1 of 3

SCOPE OF SERVICES

VASONA OAK DRAINAGE FAILURE REPAIR PROJECT
The Vasona Oak Drainage Failure Repair project consists of repair and replacement of an existing 36- inch corrugated metal pipe (CMP) storm drain that conveys runoff from University Avenue to Vasona Lake. The existing pipe has reached the end of its service life and is severely corroded, resulting in loss of structural integrity and erosion of the surrounding trench. These conditions have created voids and exposed portions of the pipeline, posing a safety hazard within the County park.

The storm drain discharges into Vasona Lake through an existing headwall structure owned and operated by Santa Clara Valley Water District (Valley Water). Because the work will affect the outfall/headwall area and discharge into Vasona Lake, the project is expected to require coordination, permitting, or consultation with Valley Water, the San Francisco Bay Regional Water Quality Control Board (RWQCB), U.S. Army Corps of Engineers (USACE), and CA Department of Fish and Wildlife (CDFW).

As a result, the scope of work includes preparation of environmental documentation, technical studies, and regulatory permit applications in addition to design and bid phase support services.

TASK 1 – PROJECT ADMINISTRATION & MEETINGS
Sanbell will provide project administration for the duration of the work. This includes schedule management, budget tracking, and coordination with Town of Los Gatos (“Town”), agencies, and subconsultants.

Environmental documentation, technical studies, and regulatory permitting will be performed by an environmental subconsultant (Acorn Environmental). Acorn will lead coordination with regulatory agencies. Agency coordination and meetings will be performed in accordance with the environmental subconsultant’s scope of work, included as an attachment to this proposal.

Sanbell will support this effort by facilitating communication between the Town and the environmental subconsultant, participating in coordination meetings, and incorporating environmental requirements and agency input into the project design.

DELIVERABLES: Meeting agendas and summaries, as needed
TASK 2 – DATA COLLECTION & RECONNAISSANCE
Sanbell will compile and review available project information, including record drawings, prior investigations, and existing survey data relevant to the storm drain system and outfall at Vasona Lake.

Sanbell will perform additional topographic survey, as needed, to support expanded project limits associated with environmental documentation, permitting, and design. Survey efforts will focus on areas required to support pipeline replacement, headwall improvements, access, and environmental study boundaries.

Sanbell will perform site reconnaissance, as needed, to confirm existing conditions, access constraints, and key features affecting design of the pipeline and headwall improvements.

ITEM NO. 11.
2 of 3
Sanbell will coordinate with Acorn to provide base information required to support technical studies, environmental documentation, and permitting efforts.

Deliverables: Topographic survey and base mapping to support design and environmental analysis TASK 3 – DESIGN DEVELOPMENT
Sanbell has previously prepared a preliminary set of plans for the project. Based on subsequent coordination and feedback, additional design development will be required, including refinement of the outfall improvements and incorporation of environmental and permitting requirements.

Sanbell will prepare plans, specifications, and estimate (PS&E) for replacement of the existing storm drain pipe, stabilization of eroded trench/backfill areas, restoration of damaged surface improvements, and modifications to the outfall/headwall at Vasona Lake. Design will include development of a new headwall by a licensed structural engineer.

Design will be developed in stages, including 60%, 90%, and final bid documents. Each submittal will include plans, specifications, and an engineer’s estimate. Specifications will be prepared consistent with Town standards and applicable Caltrans Standard Specifications.

Following review of the 60% and 90% submittals, Sanbell will facilitate design review meetings to review plan check comments and identify remaining items before advancing to the next submittal.

Sanbell will coordinate with the Town, agencies, and Acorn throughout design to incorporate environmental requirements, permitting constraints, and agency conditions into the plans.

Based on Sanbell’s preliminary investigation and current understanding of the project conditions, geotechnical services are not anticipated to be required.

DELIVERABLES: 60%, 90%, and Final Bid Set Plans, Specifications, and Engineer’s Estimate.

TASK 4 – ENVIRONMENTAL DOCUMENTATION & TECHNICAL STUDIES Environmental documentation, technical studies, and regulatory permitting will be performed by an environmental subconsultant (Acorn Environmental). This work will support compliance with CEQA and applicable federal and state permitting requirements associated with work at the Vasona Lake outfall.

A detailed scope of work for Acorn’s environmental documentation, technical studies, and permitting is included in the attached Exhibit E – Environmental Subconsultant Scope of Work. The following is a summary of the environmental subconsultant’s scope:

Task 4.1 – Agency Coordination & Environmental Scoping
Coordinate with the Town, Valley Water, and regulatory agencies to establish permitting requirements, confirm the environmental compliance approach, and obtain preliminary feedback on project constraints and applicability of regulatory programs.

Task 4.2 – Biological Resources Assessment

ITEM NO. 11.
3 of 3
Perform a desktop review of available biological resource databases and conduct a site visit to document existing conditions. Prepare a Biological Resources Assessment (BRA) identifying potential sensitive resources, evaluating project impacts, and recommending avoidance, minimization, and mitigation measures, including consistency review with the Santa Clara Valley Habitat Conservation Plan (HCP).

Task 4.3 – Aquatic Resources Delineation
Conduct an aquatic resources survey at the outfall and headwall area to identify jurisdictional waters and areas of impact. Prepare a delineation report in accordance with U.S. Army Corps of Engineers (USACE) requirements and submit for verification.

Task 4.4 – Cultural Resources Technical Memorandum
Conduct a cultural resources survey and records search to identify known or potential cultural resources. Prepare documentation consistent with Section 106 of the National Historic Preservation Act, including coordination with State Historic Preservation Officer and support for tribal consultation.

Task 4.5 – CEQA Compliance Documentation
Evaluate applicability of a CEQA categorical exemption (Class 1 or Class 2) and prepare a technical memorandum documenting compliance. Provide support for preparation and filing of a Notice of Exemption (NOE).

Task 4.6 – Habitat Plan Application (if required)
Prepare a Habitat Conservation Plan (HCP) application package, including required forms and coordination with the permitting authority.

Task 4.7 – Permit Applications and Processing
Prepare and submit permit applications to applicable regulatory agencies, including:
• Lake and Streambed Alteration Agreement (CDFW)
• Clean Water Act Section 404 Permit (USACE)
• Clean Water Act Section 401 Water Quality Certification (RWQCB) Coordinate with agencies during review and respond to comments, as required.

DELIVERABLES: Technical study reports (biological, aquatic, cultural resources, etc), CEQA documentation and Notice of Exemption support, Permit applications and supporting materials TASK 5 – BID PHASE SUPPORT
Sanbell will provide limited support during the bidding phase. This includes responding to contractor questions, assisting with interpretation of bid set documents, and preparing addenda, as needed.

Sanbell will coordinate with the Town during bid advertisement to support issuance of clarifications and ensure consistency with the contract documents.

DELIVERABLES: Responses to bidder inquiries and preparing addenda, as required.

ITEM NO. 11.

Exhibit C EXHIBIT C EXHIBIT E EXHIBIT E

ITEM NO. 11.

ITEM NO. 11.

ITEM NO. 11.

ITEM NO. 11.

Cost Proposal for Contract Amendment Request
Principal-in-Charge
Principal Engineer
Project Manager
Senior Engineer II
Design Engineer
Project Engineer I
Staff Engineer
Engineering Tech
Project Surveyor
Professional Surveyor I
Survey Crew
2-person survey crew
Surveying Staff
Staff Surveyor II
Administrative
$260 $224 $184 $100 $256 $326 $184 $116
NO. TASK DESCRIPTION HOURS

LABOR COSTS
TOTAL

1.1 Project Administration (Includes Status Reports & Schedule Updates) 1 28 8 - - - - 12 49 $9,396 - - $9,396

1.2 Project Meetings 2 12 12 - - - - - 26 $5,416 - - $5,4162.1 Data Collection & Reconnaissance - 4 8 - 1 12 10 - 35 $8,376 - - $8,376 Task 3 - Design Development

3.1 Plans, Specifications, & Estimate (60%) 1 12 40 10 - - - - 63 $11,308 - $4,200 $15,508

3.2 Plans, Specifications, & Estimate (90%) 1 10 32 8 - - - - 51 $9,188 - $2,300 $11,4883.3 Plans, Specifications, & Estimate (Bid Set) 2 8 28 8 - - - - 46 $8,264 - $1,000 $9,264

4.1 Agency Coordination & Environmental Scoping - - - - - - - - - $0 $4,455 - $4,455

4.2 Biological Resources Assessment - - - - - - - - - $0 $14,630 - $14,6304.3 Aquatic Resources Delineation - - - - - - - - - $0 $7,563 - $7,563

4.4 Cultural Resources Technical Memorandum - - - - - - - - - $0 $7,288 - $7,2884.5 CEQA Compliance Documentation - - - - - - - - - $0 $6,050 - $6,050

4.6 Habitat Plan Application Package - - - - - - - - - $0 $5,940 - $5,940

4.7 Permit Applications and Processing - - - - - - - - - $0 $20,922 - $20,922

5.1 Bid Phase Support 1 4 8 - - - - - 13 $2,628 - - $2,628 8 78 136 26 1 12 10 12 283 $54,576 $66,847 $7,500 $128,923 1 The above cost proposal is for the anticipated work as described in the Contract Amendment Request for Additional Engineering Services 2 Distribution of hours may vary based on the actual level of effort required during performance of the services. 3 The above labor rates are based on the 2026 Sanbell Billing Rate schedule. 4 The Town of Los Gatos will provide Sanbell with all available utility information requested by Sanbell.5 The Town of Los Gatos will provide potholing and CCTV as needed.

Notes:

Structural Engineer
MP Structural
Task 5 - Bid Phase SupportTask 4 -Environmental Documentation & Technical StudiesTask 2 - Data Collection & ReconnaissanceTask 1 - Project Administration, Meetings, & Agency Coordination Vasona Oak Drainage Failure Repair Project

SUBCONSULTANTS
Environmental
Acorn Environmental

SANBELL LABOR CATEGORIES
5/13/2026
Town of Los Gatos

ITEM NO. 11.

Billing Rates
Jan 1, 2026 to
Dec 31, 2026
Engineering Services
Engineering Technician $108
Staff Engineer I $146
Staff Engineer II $162
Staff Engineer III $176
Staff Engineer IV $190
Project Engineer I / Project Manager I $184
Project Engineer II / Project Manager II $224
Senior Engineer I / Senior Project Manager $228
Senior Engineer II / Senior Project Manager $242
Principal Engineer I $260
Principal Engineer II $288
Construction Services
Public Works Inspector $176
Senior Public Works Inspector $190
Public Works Inspector Assistant $146
Construction Manager $228
Administrative $116
Resident Engineer $224
Land Surveying Services
Safety Monitor/Flag Person $128
Staff Surveyor I $146
Staff Surveyor II $176
Staff Surveyor III $184
Professional Land Surveyor I $240
Professional Land Surveyor II $256
Survey, Party Chief II $196
Survey, Journeyman Rodman $130
Survey, Apprentice I $84
Survey, Apprentice II $90
Survey, Apprentice III $110
Survey, Apprentice IV $126
2-Man Survey Crew $326
3-Man Survey Crew $436
Drone Photography/Videography $240
Graphic Artist $154
Legal & Expert Services
Document Review and Case Meetings $270
Depositions and Trial Testimony $446
Client authorized overtime work will be charged at 135% of the standard hourly *** billing rates to increase 4% per year, beginning on January 1 Expenses
Bond $0.50/SF
Mylar $18/SF
Large Format Color Presentation $3.00/SF
Company Vehicle at Site $16/hr
Color Copies - 8.5x11 $1.50/EA
Color Copies - 11x17 $2.5/EA
Other Direct Project Expenses Cost + 10%
Subcontractors Cost + 10%
Outside Printing & Delivery Service Cost + 10%
Exhibit D EXHIBIT F EXHIBIT F

ITEM NO. 11.

Agreement for Consultant Services
Sanbell

AGREEMENT FOR CONSULTANT SERVICES

PREAMBLE
THIS AGREEMENT is dated for identification on 22nd day of May 2025 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) Sanbell, (“Consultant”), identified as a C Corporation and whose address is 1390 Willow Pass Rd, Ste 300, Concord, CA 94520. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 The Town desires to engage Consultant to provide design for Vasona storm drain replacement project.

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 May 1 2025, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect from upon execution through May 16, 2026. Consultant shall perform the services described in this agreement as described in Exhibit A.

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 


 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
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 $49,956, inclusive of all costs. Payment shall be based upon Town approval of each task and fees for each task shall not be exceeded without written authorization from the Town.

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
Email (preferred): [email protected]

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 


 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
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 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 


 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
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.
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 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 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 


 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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.

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:



 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Sanbell
1390 Willow Pass Rd, Ste 300
Concord, CA 94520
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.




 



 









ITEM NO. 11.

Agreement for Consultant Services
Sanbell
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.

Town of Los Gatos by:

________________________________________
Chris Constantin, Town Manager
Sanbell by:

________________________________________
Robert Broestl, Principal Engineer

Recommended by:

________________________________________
Nicolle Burnham,
Director of Parks and Public Works

Approved as to Form:

________________________________________
Gabrielle Whelan, Town Attorney

Attest:

________________________________________
Wendy Wood, CMC, Town Clerk




 



 



















ITEM NO. 11.
1390 Willow Pass Rd., Suite 300 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 May 1, 2025
Mr. Sean Rose
Town of Los Gatos
Parks & Public Works Department
41 Miles Avenue
Los Gatos CA 95030
Regarding: Proposal to provide Surveying and Engineering Design Services for the 709 University Avenue & Vasona Storm Drain Project
Dear Mr. Rose:

Bellecci & Associates (dba; Sanbell – Bay Area) appreciates the opportunity to work with the Town of Los Gatos. Per our conversation on April 24, 2025 and your follow up email on April 25, 2025, Sanbell proposes to provide surveying and engineering design services to the Town of Los Gatos for the 709 University Avenue & Vasona Storm Drain Project.

Attached for your review is our proposed scope of service and cost proposal to provide the surveying and engineering services requested in the Town’s RFP.

Bellecci proposes to provide the services outlined in this proposal for an estimated fee of $49,956.00 for both sites to be invoiced monthly on an hourly basis. We will not exceed this fee without prior approval from the Town.

We are excited about the opportunity to assist the Town with this project. If you have any questions, feel free to call me at 925-318-2071.

Sincerely,

BELLECCI &ASSOCIATES,INC
Robert Broestl, PE
Principal Engineer I

y,//d










 





ITEM NO. 11.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1 Project Understanding
The Town of Los Gatos seeks engineering design services for the replacement of 2 corrugated metal storm drain pipes (CMP) that have corroded and missing inverts due to the age of the pipes. The soil material under the pipes has eroded away in the areas where the pipe invert is completely missing due to the corrosion. The void under the pipes created by erosion is causing sink holes and instability of the ground surface over the pipes. The aerial image below shows the approximate locations of the project sites.

The two project sites are as follows:

1. 709 University Avenue – 24” CMP located in an easement between buildings. Generally, the anticipated repairs include either replacing the CMP pipe or lining the existing pipe with a cured in place liner (CIP), and restoration of the existing ground surface over the pipe.

2. Vasona – 36” CMP crossing University Avenue and through a park with an outfall into Los Gatos Creek at Vasona Reservoir. Generally, the anticipated repairs include replacing the CMP pipe, repair of the existing rock outfall and restoration of the existing ground surface over the pipe.

The scope of work for the above project is described in more detail below:

Site #1
Site #2
N
Concord, CA 94520 bellecci.com Pleasanton, CA 94566










 





ITEM NO. 11.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1 Scope of Work:

PROJECT MANAGEMENT, MEETINGS AND PROGRESS REPORTS
Sanbell will attend meetings with Town staff throughout the design process. The meetings shall include:
x One (1) kick-off meeting at the project site with Public Works staff and project stakeholders x Two (2) design review meetings (virtual meetings) with Public Works staff x Schedule and coordinate with staff
In addition, Sanbell will provide project progress updates monthly. The report will include accomplishments, anticipated problems or issues, schedule updates and schedule of upcoming events. In addition, we will provide cost reports with every invoice that highlights the approved budget, budget remaining, and amount spent for the invoicing period, estimated cost at completion and an estimate of the percent complete.

Deliverable: Progress reports and meeting agendas & minutes

DETAILED SITE INVESTIGATION
Sanbell will visually inspect the project sites to assess and accomplish the following:
x Review existing site conditions.
x Determine the existing access constraints at the project site. x Determine the limits of work and identify possible construction issues. x Identify possible conflicts with visible utilities (valves, manholes, monuments, etc.).

Deliverable: None

TOPOGRAPHIC SURVEY FOR BASE MAP
Sanbell will provide topographic surveying services by a licensed Professional Land Surveyor for development of topographic maps. We will provide an aerial image supplemented with ground shot information by the Sanbell survey crews. The topographic survey will include the following activities:
x Establish survey control using GPS coordinates (NAD 83, NAVD 88, Epoch 2010, Zone 3). x Provide ground shot topographic survey for the areas at the site scheduled to receive new improvements. Supplemental survey to include the following:
o Curbs, gutters, sidewalks, driveways and existing improvements o Sewer manhole rim and clean-outs.
o Storm drain manhole rim elevations and catch basin grate elevations and inverts. o Water valve boxes, meter boxes and fire hydrants.
o Miscellaneous dry utility (PG&E, AT&T, etc.) boxes and equipment. o Trees with trunk diameter.

Deliverable: None










 





ITEM NO. 11.

TOWN OF LOS GATOS
709 UNIVERSITY AVENUE & VASONA STORM DRAIN PROJECT EXHIBIT 1

COORDINATION WITH UTILITIES
Sanbell will coordinate with owners of the utilities (including Town owned facilities) in the project areas to obtain their utility base maps for use in developing the plans. Utility locations will be shown on the base map used for the design of the improvements.

Deliverable: Copies of the correspondence with the utility companies

PLANS, SPECIFICATIONS AND ESTIMATES
The plans, technical specifications and cost items will be compiled in standard Town format. The plans will be prepared in ACAD and use the aerial image supplemented with the topographic survey as the design base maps. The plans will be at a 1” = 20’ scale on 22”x34” plan sheets and will include details needed for the construction of the project. We will prepare technical specifications using the format of the Town of Los Gatos and Caltrans 2024 Standard Specifications. Sanbell will provide the Town with 35% (conceptual), 80% and Bid submittal.

Engineer’s estimates will be provided with each submittal.

Deliverable: Electronic files (PDF) of Plans and Estimate at the 35% (conceptual), and electronic files of Plans, Specifications and Estimate 80% Design Stage and Final Bid Documents

BID SUPPORT (OPTIONAL)
During the bidding phase, Sanbell will assist the Town with the bidding process and provide the Town with assistance to answer any Contractor questions pertaining to the plans and specifications. We will prepare and issue contract addenda, as needed.

Deliverable: Copies of all addenda and correspondence

CONSTRUCTION SUPPORT SERVICES (OPTIONAL)
Sanbell will attend the preconstruction meeting as required. We will review the contractor submittals for compliance with the specifications and respond within ten days. We will also clarify questions regarding the plans (RFIs), review change order requests from the contractor and prepare as-needed plan modifications for the change orders.

In addition, Sanbell will prepare as-built plans for the Town’s records. As-built changes will be based on the red line mark-ups from the Contractor and the Construction Manager.

Deliverable: Copies of all correspondence










 





ITEM NO. 11.

TASK RATE 248 228 180 162 236 284 180 106
# TASKS DESCRIPTION Principal Professional Engineer II Assistant Professional 2-Man Survey Administrative HRS. DIRECT TOTAL Engineer I Engineer II Engineer II Surveyor I Survey Party Technician III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 12 2 14 $3,188.00 2 Project Meetings (Town Staff) 4 4 8 $1,904.003 QA/QC 22 4 $952.00 Sub-Total 18 6 0 0 0 0 0 2 26 $6,044.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, etc.) 2 2 6 10 $1,924.002 Topographic Survey Base Map 2 2 10 8 22 $5,248.003 Detailed Site Investigation 2 6 6 14 $2,944.00 Sub-Total 6 8 6 6 2 10 8 0 46 $10,116.00
1 35% Conceptual Plans & Estimate 4 8 16 48 2 78 $13,684.002 80% Plans, Specification & Estimate and Bid Plans, Specifications & Estimate (100%) 4 16 28 60 2 110 $19,612.00 Sub-Total 8 24 44 108 0 0 0 4 188 $33,296.00
1 Bid Period Services 0 0 0 0 0 $0.00
Sub-Total 0 0 0 0 0 0 0 0 00 $0.00
1 Construction Phase 0 0 0 0 0 $0.00
Sub-Total 0 0 0 0 0 0 0 0 00 $0.00
1 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) 0 $500 $500 PROJECT TOTAL 32 38 50 114 2 10 8 6 260 $500 $49,956
12 Miscellaneous expenses include mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx, etc.3456 Town will print and distribute all bid documents.

Project Assumptions
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total approved budget is not exceeded.Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others. If needed, the Town will provide the storm drain video inspection files for the storm drain lines.Town pays for all outside agency fees (Environmental, Caltrans, utility companies, etc.).

Task 1 - Project AdministrationTask 2 - Site Investigation, Data Collection, & SurveyTask 3 - Plans, Specifications & Estimate Task 4 - Bid Support (Optional)Task 5 - Construction Phase (Optional)

COST PROPOSAL
Town of Los Gatos709 University Avenue & Vasona Storm Drain Project April 30, 2025

PROJECT BUDGET ESTIMATE










 





ITEM NO. 11.

AMENDMENT TO AGREEMENT

Amendment to Agreement
Sanbell
This AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Consultant Services dated May 22, 2025, made by and between the Town of Los Gatos, ("Town,") and Sanbell (“Consultant”), a Corporation and whose address is 1390 Willow Pass Rd, Ste 300, Concord, CA 94520.

A. Town and Contractor entered into an Agreement for Consultant Services on May 22, 2025 (“Agreement”).

B. The parties desire to amend the Agreement in order to extend the term and time of performance.

AMENDMENT
A. Section 2.2 Term and Time of Performance is amended to read: This contract will remain in effect from upon execution through December 31, 2026.

B. All other terms and conditions of the Agreement remain in full force and effect. 














 


ITEM NO. 11.

TOWN OF LOS GATOS SANBELL:
**signature_100644**

SIGNATURE
**name_100644**

FULL NAME
**role_100644**
TITLE
**date_signed_100644**

DATE SIGNED
**signature_100641**

SIGNATURE
**name_100641**

CONTRACTOR SIGNATORY'S FULL NAME
**role_100641**

CONTRACTOR SIGNATORY'S TITLE
**date_signed_100641**

DATE SIGNED
Approved as to form:
**signature_100642**

SIGNATURE
**name_100642**

FULL NAME
**role_100642**
TITLE
**date_signed_100642**

DATE SIGNED
The execution date is the date on which the last party has signed. 














 














 

!





 










ITEM NO. 11.

PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 12
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Professional Services Agreement with Liebert Cassidy Whitmore (LCW) For a Three-Year Term with a Total Not-To-Exceed Amount of $120,000
RECOMMENDATION: Authorize the Town Manager to execute a Professional Services Agreement with Liebert Cassidy Whitmore (LCW) for a three-year term with a total not to exceed amount of $120,000
FISCAL IMPACT:

The cost for the three-year agreement is not to exceed $120,000. Funding for employment relations attorney services is included in the adopted Human Resources budget for Fiscal Year 2026-27. Funding for subsequent fiscal years will be requested through the annual budget process and is subject to Town Council approval.

STRATEGIC PRIORITY:

This item relates to the Town’s strategic priority of prudent financial management, as LCW helps the Town with employee relations and labor relations issues to mitigate any significant financial risks associated with those areas.

BACKGROUND:

In 2018, Liebert Cassidy Whitmore (LCW) was selected as a single source provider for labor and employment relations services, and services were continued in 2020 as a result of a

ITEM NO. 12.

PAGE 2 OF 2
SUBJECT: LCW Professional Services Agreement
DATE: June 16, 2026
competitive interview process. The Town utilized LCW’s services for salary negotiations in 2020, and the successor MOU negotiations in 2021 and 2024. Throughout the duration of LCW’s tenure with the Town, their attorneys have advised and represented the Town on singular personnel and labor matters, as well. During this time, LCW provided valuable negotiations and employee relations legal guidance and has established a good rapport with the Town’s bargaining units.

DISCUSSION:

The Town’s current contract with LCW will expire on June 30, 2026. A new professional services agreement is needed due to language changes proposed by LCW related to the use of artificial intelligence as a tool for attorneys and e-discovery management software. As this language was not in the original agreement with LCW, the Town opted to set forth the terms in a new professional services agreement to be approved by Council. Please refer to pages 5 and 6 of the agreement attachment for the new language.

LCW provides ongoing legal services related to employee and labor relations issues, and it would be detrimental to the Town if Administrative Services staff lost the continuity of services provided by LCW. The three-year term allows the Town to have stability and strategic alignment with LCW for long-term planning and employment relations issues.

CONCLUSION:

LCW has been highly effective in assisting the Town with labor negotiations and employment relations support. Staff recommend that the Town Council authorize the Town Manager to execute a three-year professional services agreement with LCW for an amount not-to-exceed $120,000.

COORDINATION:

This memo was coordinated with the Finance Department and the Town Attorney’s Office.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Professional Services Agreement with Liebert Cassidy Whitmore

ITEM NO. 12.

AGREEMENT FOR PROFESSIONAL SERVICES

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029

PREAMBLE
THIS AGREEMENT is by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and LIEBERT CASSIDY WHITMORE, a professional corporation (“Attorney”), a Limited Liability Company whose address is 6033 West Century Boulevard, 5th Floor, Los Angeles, CA 90045. This Agreement is made with reference to the following facts.

I. RECITALS
A. Town desires to engage Attorney to provide consulting, representation and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by Town or otherwise required by law.

B. Attorney represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

C. Attorney warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Attorney acknowledges Town has relied upon these warranties to retain the Attorney.

II. AGREEMENT
A. Scope of Services. Attorney shall provide services as described in the Scope of Services, which is hereby incorporated by reference and attached as Exhibit A (“Schedule I – FEES & COSTS”).

B. Term. The term of this Agreement shall be from July 1, 2026 through June 30, 2029, and may be modified by mutual agreement of the parties.

C. Compliance with Laws. The Attorney shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Attorney represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for the Attorney to practice its profession. Attorney shall maintain a Town of Los Gatos business license as required in Chapter 14 of the Code of the Town of Los Gatos.

D. Sole Responsibility. Attorney shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

E. Information/Report Handling. All documents furnished to Attorney by the Town and all reports and supportive data prepared by the Attorney under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Attorney in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Attorney shall not make any of these documents or information available to any individual or organization not employed by the Attorney or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Attorney 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 Attorney in connection with other projects shall be solely at Town's risk, unless the Attorney expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Attorney which is and has been confirmed in writing by Attorney to be a trade secret of Attorney.

ATTACHMENT 1

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029
F. Compensation: Compensation for Attorney's professional services shall not exceed $120,000 at the rates set forth in Exhibit A which is attached and incorporated by reference. Payment shall be based upon Town approval of each task.

G. 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
Email (preferred): [email protected]
H. Availability of Records. Attorney shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Attorney shall make these records available to authorized personnel of the Town at the Attorney offices during business hours upon written request of the Town.

I. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Attorney. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

J. Independent Contractor. It is understood that the Attorney, 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 Attorney 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. Attorney agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Attorney 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 Attorney or is based on allegations of Attorney's negligent performance or wrongdoing.

K. Conflict of Interest. Attorney understands that its professional responsibilities are solely to the Town. The Attorney has and shall not obtain any holding or interest within the Town of Los Gatos. Attorney 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, Attorney 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. Attorney shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029
performance of this Agreement. If after employment of a person Attorney discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Attorney shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.

L. Non-Discrimination. Attorney warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Attorney 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
A. Minimum Scope of Insurance:

1. Attorney 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.

2. Attorney 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.

3. Attorney shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

4. Attorney 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 Attorney for professional errors or omissions in the performance of the particular scope of work under this agreement.

B. General Liability:

1. 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 Attorney; products and completed operations of Attorney, premises owned or used by the Attorney.

2. The Attorney'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 officers, officials, employees or agents shall be excess of the Attorney's insurance and shall not contribute with it.

3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or agents.

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029

4. Attorney's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

C. All Coverages. Each insurance policy required in this 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.

D. Workers’ Compensation. In addition to these policies, Attorney 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, Attorney shall ensure that all subcontractors employed by Attorney provide the required Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.

E. Indemnification. The Attorney shall indemnify 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 work which may be occasioned by any negligent act or omissions of the Attorney, or any of the Attorney's officers, employees, or agents or any subconsultant. Attorney shall defend the Town against any such claims.

IV. GENERAL TERMS
A. 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.

B. 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.

C. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation.

The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties. In the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties.

Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

D. Termination of Agreement. The Town and the Attorney shall have the right to terminate this agreement with or without cause by giving not less than thirty days (30) written notice of termination. In the event of termination, the Attorney shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider. In the event of such termination, Town shall pay Attorney an amount that bears the same ratio to the

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029
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.

E. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Attorney.

F. 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: Human Resources
110 E. Main Street
Los Gatos, CA 95030
Liebert, Cassidy Whitmore
6033 West Century Boulevard, 5th Floor
Los Angeles, CA 90045
G. 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.

H. ATTORNEY LITIGATION AND E-DISCOVERY MANAGEMENT. Attorney is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. Attorney partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, Attorney charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, deduplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, Attorney will provide an itemized bill from their managed services provider and obtain client approval prior to incurring the charges.

I. ATTORNEY CASE STAFFING. Attorney has organized its litigation practice to meet the challenges of today’s complex litigation cases. Attorney employs a dedicated Litigation Manager – a non-billing Attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Attorney’s E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with Attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables LCW Attorneys to target the most relevant data to meet litigation objectives.

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029
Working with their e-discovery managed services provider, Attorney is able to provide state-of-the-art data processing and hosting services at below-market rates.

J. Artificial Intelligence. LCW permits attorneys to utilize generative artificial intelligence (“AI”) tools in the performance of their work within the standards and guidance established by the State Bar of California.

Attorneys may use AI as a tool and do not use AI work product without applying their own independent legal judgment. Attorneys do not disclose confidential information to unsecure AI tools.

A. Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Attorney. 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.

ITEM NO. 12.

Agreement for Special Services
Liebert Cassidy Whitmore | 2026 - 2029
IN WITNESS WHEREOF, the Town and Attorney have executed this Agreement.

TOWN OF LOS GATOS: ATTORNEY: Enter name of Attorney
**signature_94577**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_94577**

DATE SIGNED
**signature_94578**

SIGNATURE
Melanie L. Chaney

ENTER ATTORNEY SIGNATORY'S NAME
Managing Partner

ENTER ATTORNEY SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
Approved as to form:
**signature_94579**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_94579**

DATE SIGNED
**signature_94578**

SIGNATURE
Brian Walter

ENTER ATTORNEY SIGNATORY'S NAME
Partner

ENTER ATTORNEY SIGNATORY'S TITLE
**date_signed_94578**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 12.

PREPARED BY: Dan Keller
Fleet and Facilities Operations Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 13
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for the Library Battery Power Supply Project
RECOMMENDATION: Authorize the Town Manager to execute a Fourth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) to extend the term and time of performance through September 30, 2026, for the Library Battery Power Supply Project (4118721, 4218721; CIP 821-2505)
FISCAL IMPACT:

There is no fiscal impact associated with executing this fourth amendment, as it solely extends the contract term to September 30, 2026. The amendment does not change the original contract amount, and sufficient funds for the remaining services are included in the FY 2026-27 adopted budget.

STRATEGIC PRIORITY:

This item aligns with the Strategic Priority of public safety and aligns with the Core Goal of Quality Public Infrastructure. This is a resiliency project and supports a critical facility that will provide community services during power outages.

BACKGROUND:

The Library Battery Storage Project included the development of design plans and installation of a battery energy storage system tied to the solar photovoltaic (PV) system at the Library. In FY

ITEM NO. 13.

PAGE 2 OF 3
SUBJECT: Fourth Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) Installation of a Battery Storage System at the Library DATE: June 16, 2026
2020-21, Parks and Public Works staff issued a Request for Proposals (RFP), and AMS Electric LLC was selected. An Agreement for Consultant Services was executed on December 7, 2021.

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.

On May 7, 2024, a Second Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2025, to allow time for welded anchoring inspection of the battery cabinet and time for the battery manufacturer to test, operate, and run the internal HVAC system.

On May 20, 2025, a Third Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2026, to allow time for the replacement of a meter required by PG&E and the extensive reprogramming of the meter that was needed.

DISCUSSION:

Since its inception, this project has undergone significant design changes. These changes were partially due to the advancing technology and discontinuation of the originally specified equipment. This includes the battery itself and components that allow better regeneration of power through the PV system.

After replacement and reprogramming the meter, commissioning of the Library Battery and its operation occurred in November 2025. During the final Pacific Gas and Electric (PG&E) inspection, it was determined that a critical component was not on the Electric Generation Interconnection (EGI) Equipment list for PG&E. Therefore, PG&E did not approve the operation of the battery and asked the contractor to work with the manufacturer to provide engineering documentation and qualification. Staff is recommending an extension of the agreement term to allow the contractor time to coordinate with PG&E. Town staff have been in direct conversations with PG&E and the contractor to try to resolve this issue.

CONCLUSION:

Staff recommends authorizing the Town Manager to execute a Fourth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for installation of a battery storage system at the Library to extend the term and time of performance through September 30, 2026.

ITEM NO. 13.

PAGE 3 OF 3
SUBJECT: Fourth Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) Installation of a Battery Storage System at the Library DATE: June 16, 2026
COORDINATION:

This Staff Report was coordinated with the Town Attorney’s Office.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Fourth Amendment to Agreement

2. Original Agreement with Amendments

ITEM NO. 13.

AMENDMENT TO AGREEMENT

Amendment to Agreement
AMS Electric LLC dba Prime Electric LLC
This AMENDMENT TO AGREEMENT amends that certain agreement titled 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 (“Contractor”), a Limited Liability Company and whose address is 1941 Ringwood Ave. Ste. 140, San Jose, CA 95131.

RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on December 7, 2021, (“Agreement”).

B. First Amendment to Agreement for Consultant Services on June 6, 2023.

C. Second Amendment to Agreement for Consultant Services on May 7, 2024.

D. Third Amendment to Agreement for Consultant Services on May 20, 2025.

E. The parties desire to amend the Agreement in order to extend the term and time of performance.

AMENDMENT
A. Section 2.2 Term and Time of Performance is replaced and will read: This contract will remain in effect from December 7, 2021 to September 30, 2026.

B. All other terms and conditions of the Agreement remain in full force and effect.

FOURTH AMENDMENT
ATTACHMENT 1

ITEM NO. 13.

TOWN OF LOS GATOS AMS ELECTRIC LLC DBA PRIME ELECTRIC LLC **signature_110917**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_110917**

DATE SIGNED
**signature_110918**

SIGNATURE
Danny Thomas

CONTRACTOR SIGNATORY'S FULL NAME
Chief Operating Officer

CONTRACTOR SIGNATORY'S TITLE
**date_signed_110918**

DATE SIGNED
Approved as to form:
**signature_110914**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_110914**

DATE SIGNED
The execution date is the date on which the last party has signed.

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ITEM NO. 13.

PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 14
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for April 2026 RECOMMENDATION: Receive the Monthly Financial and Investment Reports for April 2026.

FISCAL IMPACT:

There is no fiscal impact from the receipt of this report.

STRATEGIC PRIORITY:

This item aligns with the strategic priority to ensure prudent financial management.

BACKGROUND:

California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Administrative Services Director assumes the Town Treasurer role. Attachment 1 contains the April 2026 monthly Financial and Investment Report, which fulfills this requirement.

The April 2026 Monthly Financial and Investment Report was received by the Finance Commission at its June 8, 2026, regular meeting.

ITEM NO. 14.

PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for April 2026 DATE: June 16, 2026
DISCUSSION:

The April 2026 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the beginning of the fiscal year and at the end of the respective month.

As operations fluctuate month to month, there are differences between balances in one month and balances in another. Such differences may be significant due to the type of activity in those months and the timing of any estimates used in the presentation, based on the information available. This is demonstrated by the attached April 30, 2026, fund balance report. In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.

The difference between the April 30 and March 31 estimated fund balance is due to normal day-to-day fluctuations in revenues and expenditures.

Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the Fund Balance.

As illustrated in the summary below, Ending Fund Balance = Cash + Assets - Liabilities, which represents the actual amount of funds available.

As of April 30, 2026, the Town’s financial position (Cash Plus Other Assets $96.23M, Liabilities $24.18M, and Fund Equity $72.05M) remains strong, and the Town has sufficient funds to meet the cash demands for the next six months.

As of April 30, 2026, the Town’s weighted portfolio yield for investments under management was 4.19%, which was 38 basis points above the Local Agency Investment Fund (LAIF) yield of

3.81% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 265 days versus the Town’s longer WAM of 573 days. The Town’s assets under management reflect the Town’s selection of the 1-3 year benchmark investment strategy through the Town’s investment advisor to lock in higher yields at the top of the interest rate cycle. The longer maturities are balanced with shorter-term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under

ITEM NO. 14.

PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for April 2026 DATE: June 16, 2026
management of 4.19% at the close of April was 2 basis points lower when compared to the prior month’s return of 4.21% reported as of March 31, 2026.

Since April 2025, LAIF yields decreased from 428 basis points (4.28%) to 381 basis points (3.81%) through the end of April 2026. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.

The Federal Open Market Committee implemented three rate cuts in 2025. The first, on September 17, reduced the federal funds target range by 25 basis points to 4.00%–4.25% amid slower economic growth in the first half of the year and emerging signs of labor-market softening. A second 25-basis-point cut on October 29 brought the range down to 3.75%–4.00% as labor-market weakness and broader economic uncertainty persisted. At its December 10 meeting, the Committee approved a final 25-basis-point reduction to 3.50%–3.75%, reflecting ongoing concerns about the economic outlook. These adjustments align with the FOMC's objective to promote maximum employment and achieve a year-over-year inflation target of 2%.

Labor market conditions showed some signs of stabilization. Nonfarm payrolls increased by 178,000 in March, a reversal from February's decrease of 92,000. Weekly initial jobless claims reached 189,000 at the end of April, the lowest since 1969. Continuing claims reached 1.785m, the lowest since April 2024.

The Town's investments are in compliance with the Town's Investment Policy dated March 18, 2025, and are also in compliance with the requirements of Section 53600 et seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

Attachments:

1. Financial and Investment Report (April 2026)

ITEM NO. 14.

Weighted Average YTM Portfolio Yield on Investments
under Management 4.19%
Weighted Average Maturity (days) 573
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $83,594,887 $79,742,122 $75,736,441 Managed Investments $53,670,104
Local Agency Investment Fund $17,712,191
Reconciled Demand Deposit Balances $12,212,592
Portfolio Allocation & Treasurer's Cash Balances $83,594,887 Benchmarks/ References:

Town's Average Yield 4.19% 4.21% 4.41%
LAIF Yield for month 3.81% 3.83% 4.28%
3 mo. Treasury 3.66% 3.67% 4.29%
6 mo. Treasury 3.69% 3.69% 4.17%
2 yr. Treasury 3.87% 3.79% 3.60%
5 yr. Treasury 4.01% 3.94% 3.73%
10 Yr. Treasury 4.37% 4.32% 4.16%
Town of Los Gatos
Summary Investment Information
April 30, 2026
0 - 1 year
42%
1 - 2 years
22%
2 - 3 years
17%
3 - 5 years
19%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated March 18, 2025, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.

ATTACHMENT 1
1

ITEM NO. 14.

Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 79,742,121.55 $ 81,558,113.19 Receipts 7,610,935.97 76,273,171.11
Disbursements (3,758,170.51) (74,236,397.29)
Cash & Investment Balances - End of Month/Period $83,594,887.01 $83,594,887.01 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $141,965.23 0.20% 20% of Town Portfolio
US Treasury Notes $25,522,775.26 35.76% No Max. on US Treasuries Government Agency Debenture Notes $13,313,715.31 18.65% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $14,691,647.80 20.58% 30% of Town Portfolio Local Agency Investment Fund $17,712,191.07 24.81% $75 M per State Law Subtotal - Investments 71,382,294.67 100.00%
Reconciled Demand Deposit Balances 12,212,592.34
Total Portfolio Allocation & Treasurer's Cash Balances $83,594,887.01

0.0401

0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
April 30, 2026
BNY MM

0.20%
US Treasury Notes

35.76%
Government Agency
Debenture Notes

18.65%
Corporate Medium Term
Bonds

20.58%
Local Agency Investment Fund

24.81%
Portfolio Investment Allocation
$72.9 M
$79.7 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Treasurer's Fund Balances
2

ITEM NO. 14.

April 2026
April 2026 Interest/ April 2026
Beginning Deposits Unrealized Gains (Losses)/ Withdrawals / Ending Balance Realized Gain/Adj. Gains (Losses) Fees Balance
Non-Treasury Funds:

Cert. of Participation 2002 Ser A Reserve Fund $ 702,426.13 $ - $ 1,886.52 $ - $ 704,312.65 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 84.97 - 0.27 - 85.24 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 144.81 - 0.31 - 145.12 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,314,998.24 - 3,943.34 - 1,318,941.58 Note 2 Total Restricted Funds: $ 2,017,654.15 $ - $ 5,830.44 $ - $ 2,023,484.59 CEPPT IRS Section 115 Trust 3,885,749.72 - 119,058.24 750.42 $ 4,004,057.54 Note 3 Grand Total COP's and CEPPT Trust $ 5,903,403.87 $ - $ 124,888.68 $ 750.42 $ 6,027,542.13 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.

Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.

Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.

Note 3: The CEPPT IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.

Town of Los Gatos
Non-Treasury Restricted Fund Balances
April 30, 2026
3

ITEM NO. 14.

July 2025 $ 238,713.97
August 2025 $ 238,367.28
September 2025 $ 259,685.13
October 2025 $ 228,769.00
November 2025 $ 220,968.79
December 2025 $ 234,197.60
January 2026 $ 228,526.08
February 2026 $ 205,910.96
March 2026 $ 238,556.51
April 2026 $ 244,476.90
May 2026 $ -
June 2026 $ -
$ 2,338,172.22
Town of Los Gatos
Statement of Interest Earned
April 30, 2026
4

ITEM NO. 14.

Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,281,852.00 53,261.00 6/21/2027 4.19% $ 121,687.22 $ 135,426.07 $ 44,604.04 417 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 236,632.48 (2,541.72) 1/11/2027 3.76% $ 29,042.75 $ 21,918.24 $ 7,444.85 256 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 499,565.00 24,905.00 6/15/2026 4.70% $ 51,644.44 $ 63,141.28 $ 18,986.10 46 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,279,109.00 118,549.60 12/21/2026 4.15% $ 49,697.92 $ 130,709.25 $ 42,137.45 235 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 993,770.00 86,760.00 10/28/2026 4.17% $ 33,354.17 $ 84,829.28 $ 28,813.52 181 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,702,890.00 (3,842.00) 1/6/2028 3.91% $ 197,955.56 $ 159,363.33 $ 55,494.22 616 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 601,974.00 (6,882.00) 1/12/2028 4.34% $ 75,278.33 $ 56,288.41 $ 21,909.96 622 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,483,155.00 66,528.88 3/31/2027 4.09% $ 105,327.87 $ 122,333.72 $ 49,454.06 335 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 506,060.00 1,405.00 2/1/2028 4.37% $ 60,502.79 $ 43,173.83 $ 18,305.22 642 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 500,835.00 (1,122.50) 7/17/2026 4.48% $ 57,812.50 $ 43,961.07 $ 18,717.32 78 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 602,124.00 5,904.00 8/23/2027 4.29% $ 64,556.25 $ 50,424.13 $ 21,379.27 480 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 984,730.00 63,240.00 12/23/2027 5.23% $ 80,979.17 $ 97,247.67 $ 41,874.35 602 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,304,576.00 13,915.40 10/31/2027 4.31% $ 147,468.75 $ 107,052.11 $ 46,491.20 549 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,631,520.00 14,352.00 11/10/2027 5.16% $ 192,566.67 $ 153,725.55 $ 69,233.43 559 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,242,276.00 4,068.86 8/15/2028 4.76% $ 156,211.96 $ 101,335.84 $ 48,437.26 838 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,003,170.00 8,832.00 9/1/2026 4.96% $ 113,208.33 $ 84,828.57 $ 41,194.71 124 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 993,520.00 43,480.94 6/30/2027 4.73% $ 71,711.96 $ 78,477.53 $ 38,294.01 426 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,286,844.00 72,507.61 4/30/2027 4.82% $ 89,375.00 $ 100,336.49 $ 50,168.25 365 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 850,995.00 52,347.45 6/30/2028 3.99% $ 22,805.71 $ 51,319.84 $ 28,009.39 792 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 893,286.00 47,610.00 9/24/2026 4.22% $ 38,109.38 $ 55,770.03 $ 30,438.22 147 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 986,720.00 26,365.09 7/31/2027 3.95% $ 57,167.12 $ 57,605.73 $ 32,132.37 457 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,790,370.00 15,184.28 5/31/2028 3.97% $ 121,942.63 $ 102,986.91 $ 59,071.74 762 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,407,644.00 11,116.00 7/25/2027 4.93% $ 134,696.10 $ 97,231.80 $ 57,395.08 451 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 1,001,590.00 12,390.00 7/22/2027 4.89% $ 89,317.67 $ 68,041.60 $ 40,478.76 448 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 1,174,941.25 22,978.33 5/15/2026 4.56% $ 73,485.92 $ 71,517.53 $ 44,100.06 15 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,707,242.00 19,261.00 3/20/2029 4.28% $ 138,691.67 $ 91,219.09 $ 60,415.26 1055 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,177,452.00 53,619.86 11/15/2028 4.69% $ 57,795.34 $ 63,313.82 $ 45,181.69 930 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,016,510.00 17,380.00 1/26/2029 4.87% $ 86,356.94 $ 54,820.58 $ 40,548.56 1002 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,018,290.00 16,500.00 4/15/2029 4.86% $ 93,644.44 $ 54,498.76 $ 40,507.64 1081 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,195,176.00 40,546.98 12/31/2028 4.68% $ 71,208.79 $ 59,398.06 $ 45,713.95 976 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,151,345.50 379.50 6/12/2026 4.82% $ 75,372.92 $ 55,261.42 $ 46,279.54 43 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,267,650.00 4,587.50 7/6/2029 4.60% $ 89,200.62 $ 50,520.38 $ 48,144.81 1163 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,052,524.00 41,800.00 10/8/2027 3.56% $ 13,016.67 $ 29,915.45 $ 31,038.56 526 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,097,470.00 9,325.69 9/30/2029 4.12% $ 56,442.99 $ 25,813.46 $ 37,546.85 1249 FHLB 3130ATUT2 Gov. Agency Debenture 4.50% 2/12/2025 505,000.00 508,253.21 3,253.21 513,999.10 5,745.89 12/14/2029 4.35% $ 19,063.75 $ 8,337.70 $ 18,367.11 1324 FFCB 3133ER5X5 Gov. Agency Debenture 3.88% 3/12/2025 1,000,000.00 998,480.00 (1,520.00) 998,330.00 (150.00) 3/7/2028 3.93% $ 38,211.81 $ 11,831.34 $ 32,697.51 677 Treasury 91282CJF9 US Treasury Note 4.88% 3/31/2025 1,100,000.00 1,130,167.75 30,167.75 1,125,091.00 (5,076.75) 10/31/2028 4.04% $ 58,069.06 $ 11,273.90 $ 37,662.25 915 State Street Corp 857477CD3 Corporate Bond 5.27% 4/30/2025 800,000.00 811,184.00 11,184.00 801,872.00 (9,312.00) 8/3/2026 4.04% $ 31,983.47 $ 5,565.50 $ 27,736.24 95 Freddie Mac 3134HAW33 Gov. Agency Debenture 4.75% 4/30/2025 1,000,000.00 1,005,644.00 5,644.00 999,640.00 (6,004.00) 12/18/2029 4.23% $ 30,743.07 $ 7,735.00 $ 38,548.19 1328 US Treasury 91282CNG2 US Treasury Note 4.00% 6/30/2025 660,000.00 665,184.24 5,184.24 660,462.00 (4,722.24) 5/31/2030 3.82% $ 11,036.08 $ - $ 21,110.43 1492 US Treasury 91282CMG3 US Treasury Note 4.25% 8/4/2025 825,000.00 842,308.43 17,308.43 833,060.25 (9,248.18) 1/31/2030 3.74% $ 17,150.14 $ - $ 23,003.31 1372 US Treasury 91282CMA6 US Treasury Note 4.13% 8/25/2025 1,200,000.00 1,218,847.77 18,847.77 1,206,840.00 (12,007.77) 11/30/2029 3.72% $ 13,118.86 $ - $ 30,632.72 1310 US Treasury 91282CHR5 US Treasury Note 4.00% 9/23/2025 950,000.00 967,036.38 17,036.38 950,152.00 (16,884.38) 7/31/2030 3.59% $ 13,423.92 $ - $ 20,694.49 1553 US Treasury 91282CGQ8 US Treasury Note 4.00% 10/3/2025 1,000,000.00 1,013,362.72 13,362.72 1,001,090.00 (12,272.72) 2/28/2030 3.67% $ 16,353.59 $ - $ 21,168.37 1400 State Street Corp 857477DB6 Corporate Bond 4.83% 11/10/2025 580,000.00 596,535.80 16,535.80 588,578.20 (7,957.60) 4/24/2030 4.13% $ 12,772.51 $ - $ 11,396.23 1455 US Treasury 91282CKA8 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,157,775.34 7,775.34 1,153,139.50 (4,635.84) 2/15/2027 3.52% $ 7,734.37 $ - $ 14,963.89 291 US Treasury 91282CHW4 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,170,308.54 20,308.54 1,155,485.50 (14,823.04) 8/31/2030 3.71% $ 9,566.13 $ - $ 15,831.39 1584 US Treasury 91282CHZ7 US Treasury Note 4.63% 1/13/2026 1,050,000.00 1,089,087.89 39,087.89 1,076,208.00 (12,879.89) 9/30/2030 3.75% $ 10,272.84 $ - $ 11,805.91 1614 Morgan Stanley Pvt Bank 61776NU43 Corporate Bond 4.21% 2/26/2026 1,250,000.00 1,254,137.50 4,137.50 1,236,375.00 (17,762.50) 3,510.83 2/8/2029 4.09% $ (3,510.83) $ - $ 8,847.89 1015 John Deere Capital Corp 24422EXN4 Corporate Bond 4.90% 3/17/2026 1,000,000.00 1,024,660.00 24,660.00 1,020,610.00 (4,050.00) 1,361.11 3/7/2031 4.34% $ (1,361.11) $ - $ 5,309.36 1772 US Treasury 91282CLC3 US Treasury Note 4.00% 4/6/2026 1,050,000.00 1,053,691.41 3,691.41 1,052,131.50 (1,559.91) 7,541.44 7/31/2029 3.88% $ (7,541.44) $ - $ 2,688.55 1188 US Treasury 91282CMB4 US Treasury Note 4.00% 4/6/2026 1,050,000.00 1,052,378.91 2,378.91 1,051,890.00 (488.91) 12,923.08 12/15/2027 3.86% $ (12,923.08) $ - $ 2,669.26 594 Subtotal $ 54,331,000.00 $ 53,528,138.37 $ (802,861.63) $ 54,348,762.28 $ 820,623.91 $ 25,336.46 $ 3,181,799.69 $ 2,668,550.25 $ 1,695,074.78 BNY MM Money Market 141,965.23 141,965.23 0.00 0.00% 1
LAIF State Investment Pool 17,712,191.07 17,711,851.55 (339.52) 3.81% 428,696.01 1 71,382,294.67 $72,202,579.06 $820,284.39 $25,336.46 $ 3,181,799.69 $ 2,668,550.25 $ 2,123,770.79 Matured Assets
US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 7/31/2025 4.92% $ 2,884.34 $ 51,302.62 $ 2,681.92 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 8/25/2025 3.04% $ 14,437.50 $ 106,169.42 $ 5,327.50 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 9/30/2025 4.14% $ 114,750.00 $ 104,352.97 $ 9,562.22 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 9/23/2025 3.97% $ 6,734.37 $ 61,146.74 $ 6,570.76 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 11/7/2025 4.63% $ 5,784.72 $ 42,871.33 $ 7,773.04 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 12/15/2025 4.40% $ 208,852.46 $ 186,379.78 $ 42,256.15 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1/9/2026 5.25% $ 51,287.50 $ 52,766.88 $ 26,383.44 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 2/24/2026 5.24% $ 67,133.33 $ 86,538.35 $ 33,198.50 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 3/13/2026 4.72% $ 100,479.17 $ 63,303.13 $ 33,140.29 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 3/31/2026 4.14% $ 21,000.00 $ 85,193.12 $ 23,249.92 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 4/1/2026 3.04% $ 94,750.00 $ 93,590.54 $ 24,257.68 Total Investments "Matured" $ 214,401.43
Total Interest FY 24_25 Matured and Current $ 2,338,172.22 Maturity Profile Amount Percent
0-1 year $ 29,880,382.17 42%
1-2 years $15,832,077.48 22%
2-3 years $12,163,707.82 17%
3-5 years $ 13,506,127.20 19%
$71,382,294.67 100%
Town of Los Gatos
Investment Schedule
April 30, 2026
5

ITEM NO. 14.

Date Cusip/Id Description Transaction Type Trade Date Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
4/1/2026 437076BM3
HOME DEPOT INC 3% 01APR2026
CALLABLE BOND INTEREST 4/1/2026 4/1/2026 1,000,000.00 0.000% 4/1/2026 - - 15,000.00 15,000.00 4/1/2026 437076BM3
HOME DEPOT INC 3% 01APR2026
CALLABLE REDEMPTION 4/1/2026 4/1/2026 1,000,000.00 0.000% 4/1/2026 100.00 1,000,000.00 - 1,000,000.00 4/6/2026 91282CLC3 USA TREASURY 4% 31JUL2029 PURCHASE 4/2/2026 4/6/2026 1,050,000.00 4.000% 7/31/2029 100.35 1,053,691.41 7,541.44 1,061,232.85 4/2/2026 Cash-USD Cash-USD

SHORT TERM INVESTMENT
FUND INCOME 4/2/2026 4/2/2026 1,129.61 0.000% 100.00 - - 1,129.61 4/6/2026 91282CMB4 USA TREASURY 4% 15DEC2027 PURCHASE 4/2/2026 4/6/2026 1,050,000.00 4.000% 12/15/2027 100.23 1,052,378.91 12,923.08 1,065,301.99 4/8/2026 3135G05Y5 FANNIE MAE 0.75% 08OCT2027 BOND INTEREST 4/8/2026 4/8/2026 1,100,000.00 0.750% 10/8/2027 - - 4,125.00 4,125.00 4/15/2026 437076CW0
HOME DEPOT INC 4.9% 15APR2029
(CALLABLE 15MAR29) BOND INTEREST 4/15/2026 4/15/2026 1,000,000.00 4.900% 4/15/2029 - - 24,500.00 24,500.00 4/24/2026 857477DB6
STATE STREET CORP 4.834% 24APR2030
(CALLABLE 24MAR30) BOND INTEREST 4/24/2026 4/24/2026 580,000.00 4.834% 4/24/2030 - - 14,018.60 14,018.60 4/28/2026 3130APJH9
FEDERAL HOME LOAN BANK 2.5%
28OCT2026 (CALLABLE 28JUL26) #0006 BOND INTEREST 4/28/2026 4/28/2026 1,000,000.00 2.500% 10/28/2026 - - 10,000.00 10,000.00 4/30/2026 91282CJF9 USA TREASURY 4.875% 31OCT2028 BOND INTEREST 4/30/2026 4/30/2026 1,100,000.00 4.875% 10/31/2028 - - 26,812.50 26,812.50 4/30/2026 91282CEN7 USA TREASURY 2.75% 30APR2027 BOND INTEREST 4/30/2026 4/30/2026 1,300,000.00 2.750% 4/30/2027 - - 17,875.00 17,875.00 4/30/2026 91282CFU0 USA TREASURY 4.125% 31OCT2027 BOND INTEREST 4/30/2026 4/30/2026 1,300,000.00 4.125% 10/31/2027 - - 26,812.50 26,812.50 Town of Los Gatos
Investment Transaction Detail
April 30, 2026
6

ITEM NO. 14.

CUSIP Security description Maturity
date Par/Shares Total market value ($) S&P rating Moody's rating Insight ESG
rating Environment Social Governance
02665WED9 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 600,000 610,429 BBB+ A3 3 2 4 3 46625HRS1 JPMORGAN CHASE & CO 3.2% 15JUN2026 (CALLABLE 30MAY26) 6/15/2026 500,000 505,509 A A1 3 1 3 5 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 500,000 509,830 A+ Aa3 3 3 3 2 24422EXN4 JOHN DEERE CAPITAL CORP 4.9% 07MAR2031 3/7/2031 1,000,000 1,027,791 A A1 3 1 3 4 437076CW0 HOME DEPOT INC 4.9% 15APR2029 (CALLABLE 15MAR29) 4/15/2029 1,000,000 1,020,825 A A2 3 3 3 3 857477CD3 STATE STREET CORP 5.272% 03AUG2026 (CALLABLE 03JUL26) 8/3/2026 800,000 811,995 A Aa3 1 1 2 2 857477DB6 STATE STREET CORP 4.834% 24APR2030 (CALLABLE 24MAR30) 4/24/2030 580,000 589,101 A Aa3 1 1 2 2 17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 26JAN29) 2/26/2029 1,000,000 1,025,128 AA- A1 2 1 3 3 17325FBK3 CITIBANK NA 4.838% 06AUG2029 (CALLABLE 06JUL29) 8/6/2029 1,250,000 1,281,961 A+ Aa3 3 1 2 4 69353RFJ2 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 23DEC27) 1/22/2028 1,000,000 993,554 A A2 3 3 4 3 91159HJF8 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/22/2028 1,000,000 1,013,958 A A3 3 2 3 4 61776NU43 MORGAN STANLEY PVT BANK 4.213% 08FEB2030 (CALLABLE 08FEB29) 2/8/2030 1,250,000 1,249,160 A+ Aa3 3 1 3 4 89236TKL8 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 1,600,000 1,672,671 A+ A1 3 1 3 4 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 1,300,000 1,286,907 AA+ Aaa 5 2 5 5 46647PDG8 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL27) 7/25/2028 1,400,000 1,425,558 A A1 3 1 3 5 Total Corporate / weighted average 14,780,000 15,024,375 3 2 3 4 ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry

TOWN OF LOS GATOS, CA
Insight ESG ratings as of April 30, 2026
7

ITEM NO. 14.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out

GENERAL FUND
Non-Spendable:

Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:

Pension 3,090,731 - - - - - 3,090,731
Land Held for Resale - - - - - - -
Committed Fund Balances:

Budget Stabilization 7,870,639 - - - - - 7,870,639
Catastrophic 7,870,639 - - - - - 7,870,639
Pension/OPEB 1,300,000 - - - - - 1,300,000
Measure G District Sales Tax - - - - - - -
Assigned Fund Balances:

Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 1,983,271 - - - - - 1,983,271
Carryover Encumbrances 6,367 - - - - - 6,367
Compensated Absences 1,519,243 - - - - - 1,519,243
ERAF Risk Reserve - - - - - - -
Market Fluctuations 1,201,824 - - - - - 1,201,824
Council Priorities - Economic Recovery - - - - - - -
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) 10,211,049 (1,170,564) 6,623,127 (4,316,254) - - 11,347,358 General Fund Total 35,763,316 (1,170,564) 6,623,127 (4,316,254) - - 36,899,625 * Interfund transfers to be performed as part of the fiscal year end closing entries.

April 2026 Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-March
Estimated Fund
Balance
4/30/2026*
8

ITEM NO. 14.

Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out

SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 664,168 4,577 13,641 (10,730) - - 671,656 231-236 Landscape & Lighting Districts 193,606 (695) - (2,087) - - 190,824 251 Los Gatos Theatre 381,120 157,000 13,251 (5,123) - - 546,248 261-264,269 Library Trusts 559,745 42,787 - (1,557) - - 600,975 Special Revenue Total 1,965,292 203,669 26,892 (19,497) - - 2,176,356

CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 16,974,946 955,518 81,198 (36,369) - - 17,975,293 412 Community Center Development 819,604 - - - - - 819,604 421 Grant Funded Projects (1,577,430) 1,695,943 20,048 (8,902) - - 129,659 461-463 Storm Basin Projects 2,825,234 108,525 11,272 (17,327) - - 2,927,704 471 Traffic Mitigation Projects 676,482 - - - - - 676,482 472 Utility Undergrounding Projects 3,763,913 20,490 - - - - 3,784,403 481 Gas Tax Projects 2,130,548 219,811 140,433 - - - 2,490,792 Capital Projects Total 25,613,297 3,000,287 252,951 (62,598) - - 28,803,937

INTERNAL SERVICE FUNDS
611 Town General Liability 208,746 (370,979) - (26,262) - - (188,495) 612 Workers Compensation 1,259,972 325,185 8,036 (163,114) - - 1,430,079 621 Information Technology 2,585,103 (267,474) 6,241 (27,149) - - 2,296,721 631 Vehicle & Equipment Replacement 3,890,428 720,334 - - - - 4,610,762 633 Facility Maintenance 820,099 37,222 49,503 (113,271) - - 793,553 Internal Service Funds Total 8,764,348 444,288 63,780 (329,796) - - 8,942,620 Trust/Agency
942 RDA Successor Agency (3,037,146) (1,736,280) - (155) - - (4,773,581) Trust/Agency Fund Total (3,037,146) (1,736,280) - (155) - - (4,773,581) Total Town 69,069,107 741,400 6,966,750 (4,728,300) - - 72,048,957 * Interfund transfers to be performed as part of the fiscal year end closing entries.

Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $620,481.82 111-23521 BMP Housing deposit account balance $3,723,190.79 Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-March
April 2026 Estimated Fund
Balance
4/30/2026*
9

ITEM NO. 14.

PREPARED BY: Dan Keller
Fleet & Facilities Operations Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 15
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Construction Agreement with California Roofing Co. Inc., in an Amount Not to Exceed $182,440 for a Roof Replacement at the Adult Recreation Center.

RECOMMENDATION: Authorize the Town Manager to execute a Construction Agreement with California Roofing Co. Inc., in an amount not to exceed $182,440 for a Roof Replacement at the Adult Recreation Center.

FISCAL IMPACT:

The proposed Construction Agreement with California Roofing Co. Inc, in the amount of $182,440, will be funded by the Adopted FY 2026-27 Capital Improvement Program Budget, ARC Interim Community Center Project (4118736; CIP No. 821-2208). There is sufficient funding for this agreement in the project.

STRATEGIC PRIORITY:

This item does not directly support a Strategic Priority but does align with the Core Goal of Quality Public Infrastructure. The roof replacement will help ensure a safe and functional Adult Recreation Center, which is a Town facility utilized by senior community members of the public.

BACKGROUND:

The Adult Recreation Center was built in 1979 and has had roof leaks in recent years. Staff and the Town’s on-call roofing contractor have done work to maintain the roof and address leaks as they have occurred. The last full roof project was a tar and gravel overlay of the original roof in 2011, with no roof substructure elements addressed. The roof has reached the end of its serviceable life, and staff recommends a full roof removal and replacement.

ITEM NO. 15.

PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Construction Agreement with California Roofing Co. Inc., for a Roof Replacement at the Adult Recreation Center.

DATE: June 16, 2026
DISCUSSION:

On May 21, 2026, Parks and Public Works staff released a Request for Bid for a roof replacement at the Adult Recreation Center. The Bid Opening was on June 4, 2026. The construction bidding process was used per Section X, Public Works Projects, of the Town’s Purchasing Policy, which outlines procedures for receiving bids on construction projects. At its meeting of February 17, 2026, Town Council authorized mid-year budget adjustments, including funding for this work.

A total of 465 vendors viewed the solicitation, 33 downloaded it for further consideration, and seven submitted proposals. California Roofing Co. Inc. was the low-cost bidder. The bids received are shown in Table 1.

Table 1. Bid Results ARC Roof Replacement
Contractor Bid
California Roofing Co. Inc. $182,440
Alpha One Roofing Inc. $203,500
Andy’s Roofing Co. Inc. $242,800
Courtney Inc. $268,000
Stronger Building Systems $279,000
Best Contractor Services Inc. $380,460
San Francisco Roofing Services Inc. $450,000
The scope of work includes removal and proper disposal of the existing roofing material, replacement of any damaged substructure, and the installation of a tar and gravel built-up roof, meeting the installation requirements and materials that meet appropriate building codes.

Budget
GFAR - Current Available Budget (As of 6/10/2026) $ 1,254,410 Subtotal $ 1,254,410
Expenditures (recommended with this action)
Construction Contract - California Roofing Co. $ 182,440 Subtotal $ 182,440
Available Balance (After This Council Action) $ 1,071,970 ARC Interim Community Center Project
(4118736, CIP No. 821-2208)

ITEM NO. 15.

PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Construction Agreement with California Roofing Co. Inc., for a Roof Replacement at the Adult Recreation Center.

DATE: June 16, 2026
CONCLUSION:

Execution of this Construction Contract will help provide a clean, safe, and functional facility for public use. To that end staff is requesting that the Town Manager be authorized to execute the proposed contract.

ENVIRONMENTAL ASSESSMENT:

This is a project defined under CEQA and is Categorically Exempt: Class 1 Exemption (Existing Facilities for the repair, maintenance, and minor alteration of existing public or private structures with negligible or no expansion of use.

Attachments:

1. Construction Agreement

ITEM NO. 15.

CONSTRUCTION CONTRACT

Construction Contract
California Roofing Company Inc.

Adult Recreation Center Roof Replacement
This public works contract (“Contract”) is by and between Town of Los Gatos (“Town”) and California Roofing Company Inc. (“Contractor”), for work on the Adult Recreation Center Roof Replacement Project #4118736; 816-0423 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. The Town has authorized award of this Contract to Contractor for the amount set forth in Section 4, below. Town has elected to include the following Project alternate(s) in the Contract: No alternates.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Town will pay Contractor $182,440.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

ATTACHMENT 1

ITEM NO. 15.

Construction Contract
California Roofing Company Inc.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 20 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, Town will assess liquidated damages in the amount of $300 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from Town’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. Town may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any Town ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of Town and are not entitled to participate in any health, retirement, or any other employee benefits from Town.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

Town:

Invoices:

Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
Email (preferred): [email protected]

ITEM NO. 15.

Construction Contract
California Roofing Company Inc.

Notices:

Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Contractor:

California Roofing Company Inc.
1595 Tenth St., San Jose, CA 95112
Attn: Joe Rebozzi Vice President [email protected] (408) 968-1990

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Town’s written consent. This Contract is binding on Contractor’s and Town’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between Town and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12. 8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.]

ITEM NO. 15.

The parties agree to this Contract as witnessed by the signatures below:

TOWN OF LOS GATOS: CALIFORNIA ROOFING CO. INC.:
**signature_139528**

SIGNATURE
Chris Constantin

FULL NAME
Town Manager
TITLE
**date_signed_139528**

DATE SIGNED
**signature_139530**

CONTRACTOR SIGNATORY'S SIGNATURE
Joe Rebozzi

CONTRACTOR SIGNATORY'S FULL NAME
Vice President of Operations

CONTRACTOR SIGNATORY'S TITLE
**date_signed_139530**

DATE SIGNED
Approved as to form: **signature_139547**

SIGNATURE

FULL NAME
**date_signed_139547**

DATE SIGNED
TITLE
**signature_139529**

SIGNATURE
Gabrielle Whelan

FULL NAME
Town Attorney
TITLE
**date_signed_139529**

DATE SIGNED
The execution date is the date on which the last party has signed.

ITEM NO. 15.

PREPARED BY: Prahallad Badami
Senior Transportation Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 16
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Accepting the FY2022-23 Safe Streets and Roads for All Grant Agreement and Authorize the Town Manager to Execute the Agreement in the Amount of $640,000
RECOMMENDATION: Staff recommends that the Town Council:
a. adopt a resolution accepting the FY22-23 Safe Streets and Roads for All (SS4A) grant agreement; and
b. authorize the Town Manager to execute the agreement in the amount of $640,000
FISCAL IMPACT:

The total project cost is estimated at $800,000, with the federal SS4A grant funding $640,000 (80%) of eligible project costs. The required local match of $160,000 (20%) is planned to be shared equally between the Town of Los Gatos and the City of San José (City). The full amount of the local match is funded by existing General Fund Appropriated Reserve appropriations in the Blossom Hill Road – Union to Camden Project (4118147; Legacy CIP No. 811-0010). The City of San José is anticipated to reimburse the Town $80,000 (10%), pursuant to a future costsharing arrangement between the agencies. As the grant was awarded in a previous fiscal year, the grant budget appropriation is included in the Proposed Capital Improvement Program FY2026-27 budget as carryforward budget from FY 2024-25 (4218147; Legacy CIP No. 811- 0010).

ITEM NO. 16.

PAGE 2 OF 3
SUBJECT: Adopt a Resolution to Accept the FY2022-23 SS4A Grant and Authorize the Town Manager to Execute the Grant Agreement
DATE: June 16, 2026
STRATEGIC PRIORITY:

This item supports the Town’s Strategic Priority of implementing transportation demand management, traffic calming, and other innovative efforts to mitigate traffic congestion and improve safety for all users, including bicycle and pedestrian improvements. It also aligns with the Town’s Core Goal of providing Quality Public Infrastructure. Execution of the grant agreement will allow the Town to develop a federally compliant CSAP, strengthening the Town’s ability to pursue future federal funding for roadway-safety.

BACKGROUND:

The SS4A program was established by the Infrastructure Investment and Jobs Act (IIJA), and funds regional, local and Tribal initiatives that prevent roadway fatalities and serious injuries.

At the June 20, 2023, Town Council Meeting, the Council authorized the Town’s application for the SS4A grant to study the Blossom Hill Road Corridor from Union Avenue in Los Gatos to Camden Avenue in San José. The City of San José supported the application. The Town’s grant application was approved by the U.S. Department of Transportation (USDOT) on December 13, 2023, and work began on the development of the associated grant agreement.

Prior to preparing the grant application Town staff discussed the potential project with City of San José elected officials and staff of the City’s Department of Transportation. At that time the City verbally committed to a cost share arrangement to split the 20% required grant match, with the Town of Los Gatos leading the application and grant management effort. In preparing this report, City staff has affirmed commitment to this cost share arrangement.

DISCUSSION:

Finalization of the grant agreement required multiple years due to limited staffing and the need for multi‑agency coordination. Until December 2025, the Town did not have dedicated staff assigned to manage the agreement, resulting in progress occurring only as existing staff had availability. Concurrent coordination with Caltrans on environmental requirements and with the Federal Highway Administration (FHWA) on agreement development further extended the timeline.

The Town’s Local Road Safety Plan (LRSP) was developed prior to USDOT's adoption of CSAP requirements. The grant agreement will support the development of a Town CSAP, which will allow the Town in the future to competitively pursue federal funding related to roadway safety.

The SS4A grant will also provide funding for analysis of the Blossom Hill Road corridor from Union Avenue to Camden Avenue. The funds will allow the jurisdictions of the Town of Los Gatos and the City of San José to jointly evaluate safety and collision risks along Blossom Hill

ITEM NO. 16.

PAGE 3 OF 3
SUBJECT: Adopt a Resolution to Accept the FY2022-23 SS4A Grant and Authorize the Town Manager to Execute the Grant Agreement
DATE: June 16, 2026
Road through an engineering analysis that identifies potential safety improvements. Town staff is working with City staff to confirm the cost share and develop the necessary cost share agreement.

The initial grant application included a demonstration of safety improvements, which would have required the installation of temporary bike lanes, lane reductions, and parking changes.

Staff requested that the funding for demonstration of safety improvements be converted to a study since the implementation of lane reductions along the corridor may not be feasible.

Completing the engineering analysis will yield the necessary information to enable Staff to recommend safety improvements.

CONCLUSION:

Adopting the resolution to accept the FY2022-23 SS4A grant agreement by the Town Council and authorizing the Town Manager to execute the grant agreement will enable Staff to engage a consultant to conduct the corridor study on Blossom Hill Road and update the Town’s LSRP to a CSAP, positioning the Town to pursue future potential federal funding for implementation.

COORDINATION:

The grant agreement was prepared in coordination with the Town Attorney’s Office and FHWACalifornia Division.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Resolution to Accept the FY23 Safe Streets and Roads for All (SS4A) Grant with Exhibit A – Grant Agreement

ITEM NO. 16.
1 of 2
Resolution 2026- June 16, 2026
ATTACHMENT 1
RESOLUTION 2026-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING THE FY2022-23 SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT AGREEMENT AND

AUTHORIZING THE TOWN MANAGER TO EXECUTE THE GRANT AGREEMENT WHEREAS, the U.S. Department of Transportation (USDOT) established the Safe Streets and Roads for All (SS4A) grant program through the Infrastructure Investment and Jobs Act (IIJA) to fund regional, local and Tribal initiatives through grants to prevent roadway deaths and serious injuries; and
WHEREAS, at the June 20, 2023 Town Council Meeting, the Council authorized the Town’s application for the SS4A grant to study the Blossom Hill Road Corridor from Union Avenue in Los Gatos to Camden Avenue in San José; and
WHEREAS, the Town of Los Gatos applied for an SS4A Planning and Demonstration Grant to develop a Comprehensive Safety Action Plan; and WHEREAS, on December 13, 2023, USDOT notified the Town of Los Gatos of a grant award in the amount of $640,000; and
WHEREAS, the SS4A program requires a local matching contribution of twenty percent (20%) ($160,000) of the total project cost; and
WHEREAS, the Town of Los Gatos and the City of San José have agreed to provide the required local match in equal shares; and;
WHEREAS, the Town Council finds that accepting this grant aligns with the Town’s goals for public safety and pursuing future potential federal funding; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine and order as follows:

1. The Town Council accepts the FY2022-23 Safe Streets and Roads for All (SS4A) grant agreement (Exhibit A) with federal funds in the amount of $640,000, and the allocation of $160,000 from the General Fund Appropriated Reserve.

ITEM NO. 16.
2 of 2
Resolution 2026- June 16, 2026
ATTACHMENT 1

2. The Town Manager is hereby authorized and directed to execute, for and on behalf of the Town of Los Gatos, the FY2022-23 SS4A Grant Agreement and any subsequent amendments, subject to approval as to form by the Town Attorney.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th of June, 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 16.
1 of 13

1. Federal Award No.
693JJ32640465

2. Effective Date
See No. 16 Below

3. Assistance Listings
No.

20.939

4. Award To
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030-6943
Unique Entity Id.: MPQTKTQ7N4L4
TIN No.: 94-6001435

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 36 months

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$640,000.00
$80,000.00
$0
$80,000.00
$800,000.00

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment and
Jobs Act (IIJA, Pub. L. 117–58, November 15, 2021)

10. Procurement Request No.

HSA240376PR

11. Federal Funds Obligated
$640,000

12. Submit Payment Requests To
See Article 5.

13. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010
.61006600

14. Description of the Project
Update Los Gatos’s existing Local Roadway Safety Plan (LRSP), adopted April 19, 2022, to become a Comprehensive Safety Action Plan consistent with the SS4A program. Conduct traffic counts, detailed engineering assessment and traffic modeling along a key arterial called Blossom Hill Corridor to define potential safety improvements.

RECIPIENT

15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Chris Constantin
Title: Town Manager

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Hector R. Santamaria
Title: Agreement Officer

ITEM NO. 16.
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the Town of Los Gatos, California (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Town of Los Gatos: Creating a Safe System Foundation.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated November 4, 2025 which is available at
https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2023.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-governmentwide integrity and performance system.

ITEM NO. 16.
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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Town of Lost Gatos: Creating a Safe System Foundation Application Date: 08/16/23

2.2 Award Amount.

SS4A Grant Amount: $640,000.00

2.3 Federal Obligation Information.

Federal Obligation Type: Single

2.4 Budget Period.

Budget Period: See Block 6 of Page 1

2.5 Grant Designation.

Designation: Planning and Demonstration
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The project will be completed in one phase with two distinct tasks.

Task 1: This task will consist of revising and updating the Town’s Local Road Safety Plan to meet current FHWA standards.

Task 2: This task will include all planning, including data collection, community engagement and development of alternatives, and preparation of the resulting study report.

3.2 Project’s Estimated Schedule.

Action Plan Schedule
Milestone Schedule Date
Planned NEPA Completion Date: 02/09/2026 Categorical Exclusion Planned Draft Plan Completion Date: 09/09/2028
Planned Final Plan Completion Date: 12/01/2028
Planned Final Plan Adoption Date: 02/02/2029
Planned SS4A Final Report Date: 02/08/2029

ITEM NO. 16.
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Milestone Schedule Date
Planned NEPA Completion Date: 02/09/2026 Categorical Exclusion Planned Draft Plan Completion Date: 03/24/2028
Planned Final Plan Completion Date: 05/26/2028
Planned Final Plan Adoption Date: 07/28/2028
Planned SS4A Final Report Date: 08/04/2028

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $640,000
Other Federal Funds: $0
State Funds: $0
Local Funds: $80,000
In-Kind Match: $0
Other Funds: $80,000
Total Eligible Project Cost: $800,000

(b) [RESERVED]
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

ARTICLE 4

CONTACT INFORMATION

4.1 Recipient Contact(s).

Chris Constantin
Town Manager
Town of Los Gatos, CA
110 E Main Street, Los Gatos, CA 95030-6943
408-354-6832
[email protected]

4.2 Recipient Key Personnel.

ITEM NO. 16.
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Name Title or Position
Nicolle Burnham
([email protected])
Director | Parks and Public Works
Gary Heap, P.E.
([email protected])
Town Engineer

4.3 USDOT Project Contact(s).

Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Competitive Grants and Workforce Programs
HACG-30
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[email protected]
and
Agreement Officer’s Representative (AOR)
Division Administrator - California
FHWA California Division Office
650 Capitol Mall, Suite 4-100
Sacramento, CA 95814
(916)498-5015
[email protected]
and

ITEM NO. 16.
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Ivy Attah
California Division Office Lead Point of Contact
Senior Operations Engineer
650 Capitol Mall, Ste. 4-100,
Sacramento, CA 95814
(916) 498-5860
[email protected]
ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Competitive Grants and Workforce Programs

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. Page 794 ITEM NO. 16.
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(d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.

6.5 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement.

6.6 There are no other special grant requirements.

ITEM NO. 16.
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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: Blossom Hill Road from Union Avenue to Camden Avenue Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance

ITEM NO. 16.
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ATTACHMENT B

CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank.

Scope: N/A
Schedule: Original schedule in SF424 shows a start date of 02/01/2024 and end date of 02/01/2026. We are requesting the POP to increase by 12 months to make it 36 months, due to potential delays in consultant hire and time needed to do reviews and analysis.

Budget: N/A
The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs

ITEM NO. 16.
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ATTACHMENT C
[RESERVED]

ITEM NO. 16.
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ATTACHMENT D
[RESERVED]

ITEM NO. 16.
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ATTACHMENT E

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

X
The Recipient or a project partner promotes robust job creation by supporting goodpaying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.)
X The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in Attachment B. (Identify the relevant actions from Attachment B in the supporting narrative below.)
The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The Town of Los Gatos will support good paying jobs through this project and the free and fair choice to join a union and incorporate strong labor standards by following the State of California Public Contract Code and the California Uniform Construction Cost Accounting Commission guidelines, to the extent that they apply. The Town provides extensive outreach for project bidding and uses a fair selection criteria based on qualifications that is clearly defined within the bid documents.

ITEM NO. 16.
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ATTACHMENT F

CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

2. Supporting Narrative.

N/A; this grant will not purchase information Technology and/or Operational Technology.

ITEM NO. 16.

PREPARED BY: Greg Borromeo
Police Captain
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 17
DATE: June 16, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Pre-Employment Background Services with Secure Solutions, Extending Their Agreement to June 30, 2028, and Increasing the Not-toExceed Amount to $150,000 RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the agreement for pre-employment background services with Secure Solutions, extending the agreement to June 30, 2028, and increasing the not-to-exceed amount to $150,000.

FISCAL IMPACT:

Funds for the services are included in the adopted FY 2026-27 budget (Org: 1114101/Obj:
64432) and will be requested in future budget cycles. The proposed amendment would bring the total not-to-exceed amount to $150,000, which is a $51,000 increase. In FY 2025-26, the Police Department completed 16 pre-employment background investigations.

STRATEGIC PRIORITY:

This action is not associated with a strategic priority; however, it supports the Town’s core goal of Public Safety.

BACKGROUND:

On July 1, 2022, the Town Manager executed an agreement with Secure Solutions for preemployment background screening services. This agreement was amended on July 1, 2024, to

ITEM NO. 17.

PAGE 2 OF 2
SUBJECT: Secure Solutions Agreement Amendment
DATE: May 20, 2026
extend the term by an additional two years, with a projected cost not-to-exceed $99,000 (Attachment 1).

DISCUSSION:

Staff is requesting approval for a second amendment with a not-to-exceed amount of $150,000.

Additionally, we seek to extend the current contract until June 30, 2028. The existing agreement is scheduled to expire on June 30, 2026.

CONCLUSION:

Staff recommends that the Town Council authorize the Town Manager to execute a second amendment to an agreement with Secure Solutions for pre-employment background services.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. First Amendment and revised Proposal for Services (Exhibit B) and Original Agreement and Proposal for Services (Exhibit A).

2. Draft Second Amendment Secure Solutions Agreement with Revised Proposal (Exhibit C).

ITEM NO. 17.

Amendment – Secure Solutions

AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 4th day of June, 2024 and amends that certain agreement for Service dated June 29, 2022, made by and between the Town of Los Gatos, ("Town,") and Secure Solutions. (“Consultant.”)

RECITALS
A. Town and Consultant entered into a Service Agreement on July 1, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

AMENDMENT

1. Section 2.1 Scope of Services. Consultant shall provide services as described in that certain pricing proposal letter sent to the Town on June 4, 2024, which is hereby incorporated by reference and attached as Exhibit B.

2. Section 2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2022, until June 30, 2026.

3. Section 2.6 Compensation. Compensation shall not exceed $99,000.

4. All other terms and conditions of the Agreement remain in full force and effect.

Town of Los Gatos Approved as to Consent:

By: _______________________________ By: ______________________________ Laurel Prevetti, Town Manager Kurt Ashley, Owner (Secure Solutions) Department Approval:
_______________________________________
Jamie Field, Chief of Police
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk DocuSign Envelope ID: 9D4321EC-99E6-4928-B0E3-03DD40B9F189 6/7/2024
6/7/2024
6/11/2024
6/12/2024
6/12/2024
ATTACHMENT 1

ITEM NO. 17.

JUNE 4, 2024

PRE-EMPLOYMENT BACKGROUND

INVESTIGATION SERVICES

LOS GATOS-MONTE SERENO POLICE DEPARTMENT

KURT ASHLEY

SECURE SOLUTIONS
8505 CHURCH ST. #10
GILROY, CA. 95020
OFFICE: (408) 337-1358
CELL: (408) 607-0640
FAX: (408) 337-5255
[email protected]
EXHIBIT B Page 805
ITEM NO. 17.

Confidential
Pre-employment background Investigation services 1

PRE-EMPLOYMENT BACKGROUND INVESTIGATION SERVICES

PLAN OVERVIEW
Secure Solutions will perform the following:
• Conduct a thorough background investigation of each candidate according to the guidelines established by POST (Peace Officer Standards of Training):
o An in-depth interview with the candidate and review of the Personal History Statement and any supplemental questionnaires.
o An investigation that will include:
▪ Local law enforcement criminal history check.
▪ Verification of citizenship, education, DMV history, financial history, military history, and other applicable legal documents.
▪ Civil court records, to include dissolution of marriages. ▪ Social media checks.
▪ Contact with neighbors, relatives, and references.
▪ Contact with current and past employers and coworkers. (10 years) ▪ Review of available personnel files, academy files, and other relevant documents. ▪ Status of applications with other agencies where candidate has sought employment within the last (2) two years.
• Or conduct modified background as requested. Areas of investigation to be determined by prior agreement. Standard modified backgrounds investigations to include the following:
o An in-depth interview with the candidate and review of the Personal History Statement and any supplemental questionnaires.
o An investigation that will include:
▪ Local law enforcement criminal history check.
▪ Verification of citizenship, education, DMV history, military history, and other applicable legal documents.
▪ Civil court records.
▪ Contact with relatives, and references and attempt contact with neighbors via phone.
▪ Contact with current and past employers and coworkers. (10 years)

ITEM NO. 17.

Confidential
Pre-employment background Investigation services 2
SECURE SOLUTIONS AGREES:
• To submit completed background investigation reports within (6) six weeks after the background interview, barring any unforeseen issues. Most completed within (4) weeks. • To conform to all applicable federal and state laws and regulations in the performance of the background investigation, retention of information, and reporting to the police agency. • That the investigation and the report are confidential and the property of each agency.

LICENSE/INSURANCE:
• Secure Solutions is licensed by the California Department of Consumer Affairs and carries professional liability Insurance. Verifying documents are available upon request.

QUALAFICATIONS:
• Kurt Ashley is the owner of Secure Solutions and a retired police sergeant from the Gilroy Police Department. He has over 29 years of law enforcement experience and during that time, he supervised many units to include: Patrol, SWAT, Traffic, Records and Communications.

Kurt has completed the POST Background Investigators course and has been completing background investigations for the last 5 years. He is a member of the Professional Investigators of California Association and the California Association of Law Enforcement Background Investigators. • All investigators have received California POST approved training in background investigations.

REFERENCES:
• Santa Cruz County Sheriff's Office: Sgt. Salvador Mejia [email protected] (408) 831-454-7680
• Santa Cruz Police Department: Chief Bernie Escalante [email protected] (831) 420-5814
• Morgan Hill Police Department: Chief Shane Palsgrove [email protected] (408) 776-7900
* More references available upon request.

ITEM NO. 17.

Confidential
Pre-employment background Investigation services 3
BILLING RATES:

Service Rate
Basic Police Officer / Dispatcher Background $1,550
Modified background if requested (non-sworn) $1,350
Expedited background (When staffing available) $2,200
Polygraph Examination $400
Credit report $40
Social Media / Search Engine A.I. research $50
Withdraw or disqualification prior to or immediately after interview $400 (plus any expenses) Withdraw or disqualification mid-investigation Pro-rated charge Travel/Time Mileage State reimbursement rate
Per Diem for extended travel (Outside four county area*) $60 hour, plus exp. ** * Four county area incl: Santa Clara County, San Benito County, Santa Cruz County, and Monterey County. ** Travel must be previously approved by agency.
** Expenses could include, but not limited to: Flight, hotel, rental car, and investigator meal per diem. • Livescan to be provided by agency or at applicant’s expense. • Polygraph examination is paid by agency unless otherwise noted.

If you have any further questions, please contact Kurt Ashley at (408) 607-0640 or email at:
[email protected]
Sincerely,
Kurt Ashley
Owner/Qualified Manager

ITEM NO. 17.

DocuSign Envelope ID: 9D4321EC-99E6-4928-B0E3-03DD40B9F189 DocuSign Envelope ID: 444C6E8B-6375-47A6-9516-4E620958A6EA

AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 29th of June 2022, and is made by and between TOWN OF LOS GATOS, a California municipal corporation, ("Town") and Secure Solutions ("Service Provider"), whose address is 8505 Church St., Gilroy, CA 95020. This Agreement is made with reference to the following facts.

I. RECITALS

1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.

1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.

1.3 Town desires to engage Service Provider to provide background investigations for the Los Gatos-Monte Sereno Police Department.

1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.

II. AGREEMENT

2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on June 1, 2022, which is hereby incorporated by reference and attached as Exhibit A.

2.2 Term and Time of Performance. This contract will remain in effect from July 1, 2022 through June 30, 2024.

2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.

2.4 Sole Responsibility. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B- 6375- 47A6- 9516-4E620958A6EA

2. 5 Information/ Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of services or at the Town' s written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of the these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider pursuant to this Agreement are for the purpose of evaluating a defined project, and Town' s use of the information contained in the reports prepared by the Service Provider in connection with other projects shall be solely at Town' s risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.

2. 6 Compensation. Compensation for services shall not exceed $ 50, 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. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.

2. 9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion of these services shall be assigned or subcontracted without the written consent of the Town.

2. 10 Independent Contractor. It is understood that the Service Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B-6375-47A6-9516-4E620958A6EA contractor and not an agent or employee of the Town. As an independent contractor he/ she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee( s). With prior written consent, the Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Service Provider or is based on allegations of Service Provider' s negligent performance or wrongdoing.

2. 11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Service Provider warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town' s sole discretion, divest itself of such interest. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.

2. 12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.

III. INSURANCE AND INDEMNIFICATION

3. 1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: one million dollars ($ 1, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage.

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B-6375-47A6-9516-4E620958A6EA ii. Service Provider agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/ her and his/ her staff to an amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.

General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider' s insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.

3. 3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.

Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B- 6375- 47A6- 9516- 4E620958A6EA

3. 4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at anytime arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Service Provider, or any of the Service Provider' s officers, employees, or agents or any subcontractor.

IV. GENERAL TERMS

4. 1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

4. 2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.

4. 3 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.

In the event of such termination, Town shall pay Service Provider an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.

4. 4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.

4. 5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, including costs of appeal.

4. 6 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 Secure Solutions
Attn: Town Clerk Attn: Kurt Ashley
110 E. Main Street 8505 Church St. # 10
Los Gatos, CA 95030 Gilroy, CA 95020

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B- 6375- 47A6- 9516- 4E620958A6EA or personally delivered to Service Provider to such address or such other address as Service Provider 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 Service Provider. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.

IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.

Town of Los Gatos by: Service Provider, by:

DocuSigned by: DocuSigned by:

L (, a ktni. Prt J 7/ 19/ 2022 1
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Laurel Prevetti, Town Manager Kurt Ashley, Owner (Secure Solutions) Recommended by:

DoeuSigned by:

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Jamie Field, Chief of Police
Approved as to Form:
bDoeuSigned
by:
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Gabrielle Whelan, Town Attorney
Attest:
5 DoeuSigned by:
2, - tei.4" 7/ 19/ 2022
7oeer o n• rx o...

Shelley Neis, MMC, CPMC, Town Clerk

ITEM NO. 17.

DocuSign Envelope ID: 9D4321EC-99E6-4928-B0E3-03DD40B9F189 DocuSign Envelope ID: 444C6E8B-6375-47A6-9516-4E620958A6EA ■
JUNE 1, 2022
Se.cu ol ns

PRE-EMPLOYMENT BACKGROUND

INVESTIGATION SERVICES

LOS GATOS POLICE DEPARTMENT
PRESENTED BY: KURT ASHLEY

SECURE SOLUTIONS
8505 CHURCH ST. #10
GILROY, CA. 95020
OFFICE: {408) 337-1358
CELL: {408) 607-0640
FAX: (408} 337-5255
[email protected]

EXHIBIT A

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B- 6375- 47A6- 9516- 4E620958A6EA Confidential

PRE- EMPLOYMENT BACKGROUND INVESTIGATION SERVICES

PLAN OVERVIEW
Secure Solutions will perform the following:

Conduct a thorough background investigation of each candidate according to the guidelines established by POST( Peace Officer Standards of Training):
o
An in- depth interview with the candidate and review of the Personal History Statement and any supplemental questionnaires.
o An investigation that will include:

Local law enforcement criminal history check.

Verification of citizenship, education, DMV history, financial history, military history, and other applicable legal documents.

Civil court records, to include dissolution of marriages.

Social media checks.

Contact with neighbors, relatives, and references.

Contact with current and past employers and coworkers. ( 10 years) Review of available personnel files, academy files, and other relevant documents.

Status of applications with other agencies where candidate has sought employment within the last( 2) two years.

Or conduct modified background as requested. Areas of investigation to be determined by prior agreement. Standard modified backgrounds investigations to include the following:
o
An in- depth interview with the candidate and review of the Personal History Statement and any supplemental questionnaires.
o An investigation that will include:

Local law enforcement criminal history check.

Verification of citizenship, education, DMV history, military history, and other applicable legal documents.

Civil court records.

Contact with relatives, and references and attempt contact with neighbors via phone.

Contact with current and past employers and coworkers. ( 10 years) Pre- employment background Investigation services 1

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B- 6375- 47A6- 9516- 4E620958A6EA Confidential
SECURE SOLUTIONS AGREES:

To submit completed background investigation reports within ( 6) six weeks after the background interview, barring any unforeseen issues. Most completed within (4) weeks.

To conform to all applicable federal and state laws and regulations in the performance of the background investigation, retention of information, and reporting to the police agency.

That the investigation and the report are confidential and the property of each agency.

LICENSE/ INSURANCE:

Secure Solutions is licensed by the California Department of Consumer Affairs and carries professional liability Insurance. Verifying documents are available upon request.

QUA LAFICATIONS:

Kurt Ashley is the owner of Secure Solutions and a retired police sergeant from the Gilroy Police Department. He has over 29 years of law enforcement experience and during that time, he supervised many units to include: SWAT, Traffic, Records and Communications.

Kurt has completed the POST Background Investigators course and has been completing background investigations for the last 4 years. He is a member of the Professional Investigators of California Association.

All investigators are current or retired police officers trained in background investigations.

REFERENCES:

Santa Cruz County Sheriff' s Office: Sgt. Salvador Mejia Salvador.meiia@santacruzcountv. us 408) 831- 454- 7680
Santa Cruz Police Department: Chief Bernie Escalante bescalante@citvofsantacruz. com 831) 420- 5814
Morgan Hill Police Department: Chief Shane Palsgrove shane. galsgrove@morganhill. ca. gov 408) 776- 7900
More references available upon request.

Pre- employment background Investigation services 2

ITEM NO. 17.

DocuSign Envelope ID: 9D4321 EC- 99E6- 4928- B0E3- 03DD40B9F189 DocuSign Envelope ID: 444C6E8B-6375-47A6-9516-4E620958A6EA Confidential
BILLING RATES:

Service Rate
Basic Police Officer/ Dispatcher Background 1, 500
Modified background ( Base rate, depending on services requested) 1, 250 Expedited background ( When available time) 2, 100
W/ D or Disqualified prior to or immediately after initial interview 350( plus any expenses) Credit Report 35. 00
Travel/ Time Mileage State reimbursement rate
Per Diem for extended travel ( Outside four county area*) 60 hour, plus exp. ** Four county area incl: Santa Clara County, San Benito County, Santa Cruz County, and Monterey County.

Travel must be previously approved by agency.

Expenses could include, but not limited to: Flight, hotel and rental car Cost of polygraph and Livescan not included but will arrange at no charge.

Disqualification mid- investigation while be charged at a pro- rated fee.

If you have any further questions, please contact Kurt Ashley at( 408) 607-0640 or email at:
kurt. ashlev@securesolutionsinv. com
Sincerely,
KurtAshy
Owner/ Qualified Manager
Pre- employment background Investigation services 3

ITEM NO. 17.
2nd Amendment – Secure Solution
Attachment 2
2nd AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 16th day of June, 2026 and amends that certain agreement for Service dated June 4, 2024, made by and between the Town of Los Gatos, ("Town,") and Secure Solutions. (“Consultant.”)

RECITALS
A. Town and Consultant entered into a Service Agreement on June 1, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

B. Town and Consultant entered into an amended Service Agreement on June 1, 2024, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 2 to this Amendment.

C. The parties wish to amend the Agreement again to revise the scope of services, increase the term, increase the compensation, and update the insurance requirements. 2nd AMENDMENT

1. Section 2.1, “Scope of Services,” is amended to read: “Consultant shall provide services as described in that certain pricing proposal letter sent to the Town on May 20, 2026, which is hereby incorporated by reference and attached as Attachment 3 Secure Solutions (Exhibit C).”

2. Section 2.2, “Term and Time of Performance,” is amended to read: “This contract will remain in effect from July 1, 2022, until June 30, 2028.”

3. Section 2.6, “Compensation,” is amended to read: “Compensation shall not exceed $150,000.”

4. The first paragraph of Section 3.1, “Minimum Scope of Insurance,” is amended to read:
“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.”

ITEM NO. 17.
2nd Amendment – Secure Solution
Attachment 2

5. All other terms and conditions of the Agreement remain in full force and effect.

Town of Los Gatos Approved as to Consent:

By: _______________________________ By:______________________________ Chris Constantin, Town Manager Kurt Ashley, Owner (Secure Solutions) Department Approval:
_______________________________________
Jamie Field, Chief of Police
Approved as to Form: Attest:
_______________________________ __________________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

ITEM NO. 17.

MAY 20, 2026

UPDATED PRE-EMPLOYMENT

BACKGROUND INVESTIGATION SERVICES

LOS GATOS POLICE DEPARTMENT UPDATED PRICING SHEET
PRESENTED BY: KURT ASHLEY

SECURE SOLUTIONS
8505 CHURCH ST. #10
GILROY, CA. 95020
(408) 607-0640
[email protected]

EXHIBIT C

ITEM NO. 17.

Confidential
Updated Pre-employment background Investigation services 1 BILLING RATES:

Service Rate
Basic Police Officer / Dispatcher Background $1,600
Modified Background (when requested) $1,400
Expedited Backgrounds $2,300
Disqualified or withdrew after initiation of background $250 Disqualified after PHS interview $400 (plus any expenses) Credit Report $40
A.I. Based Social Media Search (FAMA) $50
Polygraph Examination $400.00
Travel/Time Mileage State reimbursement rate
Per Diem for extended travel (Once outside four county area) * $60 per hour, plus expenses * Must be previously approved by agency.
* Four county area includes: Santa Clara County, San Benito County, Monterey County, and Santa Cruz County.
* Expenses could include, but are not limited to flight, hotel and rental car, and food per diem.

If you have any further questions, please contact Kurt Ashley at (408) 607-0640 or email at:
[email protected]
Sincerely,
Kurt Ashley
Owner/Qualified Manager

ITEM NO. 17.

PREPARED BY: Diane Howard
Finance Division Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/16/2026
ITEM NO: 18
DATE: June 8, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Accounts Payable Check Registers and Payroll Report RECOMMENDATION: Approve the Accounts Payable Check Registers for May 29 and June 1 and Payroll Report for May 29.

FISCAL IMPACT:

There is no fiscal impact with approving these reports. All payments that have been made are within approved budget appropriations.

STRATEGIC PRIORITY:

This initiative supports the Town’s 2025 to 2027 Strategic Priority to “ensure prudent financial management to result in structurally balanced five-year forecasts and fully funded five-year Capital Improvement Plans, managing liabilities such as pension costs and leveraging the Town’s assets, efficiencies, partnerships, and revenue streams.” BACKGROUND:

Pursuant to Town Municipal Code section 2.30.020 (d) payroll warrants need not be audited by the Town Council prior to payment. Payrolls shall be presented to the Town Council for ratification and approval at the regular meeting after delivery of the payroll warrants.

The municipal code did not provide direction on accounts payable. However, Government Code Section 37208 provides the following guidance:
(a) Payroll warrants or checks need not be audited by the legislative body prior to payment.

Payrolls shall be presented to the legislative body for ratification and approval at the first

ITEM NO. 18.

PAGE 2 OF 2
SUBJECT: Accounts Payable and Payroll Register
DATE: June 16, 2026
meeting after delivery of the payroll warrants or checks. (b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
(c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.

DISCUSSION:

Administrative Services staff presents biweekly payroll reports to the Council on consent, as prescribed in the Municipal Code.

Although not specially required under Municipal Code or the Government Code, it is considered good practice to report on checks paid by a government agency. As such, staff provides accounts payable check registers, along with payroll reports, on a biweekly basis as part of the consent calendar for regular council meetings.

Accounts payable and payroll for the following periods have been audited and approved by staff for the following payments:

Type Check Date Amount
AP May 29, 2026 $322,921.30
Payroll May 29, 2026 $929,665.00
AP June 5, 2026 $214,953.21
Total $1,467,539.51
CONCLUSION:

Consistent and timely financial reporting aligns with the Municipal Code and Government Code guidance ensuring that payroll and accounts payable activities are brought forward for Council review and ratification as required. This supports transparency in governmental operations and reinforces best practices in public financial management.

ENVIRONMENTAL ASSESSMENT:

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

ATTACHMENTS:

1. Accounts Payable Register for 5/29/2026

2. Accounts Payable Register for 6/5/2026

3. Payroll by Location for 5/29/2026

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026

CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162533 05/29/2026 AIRGAS INC 5524614692 SUPPLIES 1115402 61265 $ 106.37 162533 Total $ 106.37
162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1GJJRMQYK63J OFFICE SUPPLIES 1112201 61111 $ 494.43 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1H31GX69KJ7L SUPPLIES 1117201 61191 $ 87.57 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1JYJKQNFMKQM SUPPLIES 1114202 61175 $ 147.19 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1LJ4JWPRL7DP SUPPLIES 1115101 64111 $ 56.43 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1LJ4JWPRL7DP-01 SUPPLIES 6335423 61112 $ 47.81 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1LNWMN6C9DPW OFFICE SUPPLIES 1112201 61111 $ 289.11 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1PLX6616QN3N SUPPLIES 1114301 61168 $ 360.77 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1Q7DW4Y6RPWQ SUPPLIES 1115402 61265 $ 705.96 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1QX7LRKJRLRC SUPPLIES 1114301 61168 $ 152.28 162534 05/29/2026 AMAZON CAPITAL SERVICES INC 1RXWF9TYJLD1 SUPPLIES 1117201 61191 $ 166.71 162534 Total $ 2,508.26
162535 05/29/2026 AMAZON CAPITAL SERVICES INC 13GYXVDTHNV1 OFFICE SUPPLIES 1112201 61111 $ 16.94 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 13HYQNHMJDKH SUPPLIES 1117201 61191 $ 42.96 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 167HJDGGG4LV STAFFROOM SUPPLIES 6335423 61112 $ 6.87 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 17FN3WW4JMPV SUPPLIES 1117201 61191 $ 47.19 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 1JK9117JKF6W SUPPLIES 1117101 61111 $ 38.43 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 1NJTJH3H9RHV SUPPLIES 1117201 61191 $ 34.05 162535 05/29/2026 AMAZON CAPITAL SERVICES INC 1R43Q99YFQ7D SUPPLIES 1117101 61111 $ 23.06

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162535 05/29/2026 AMAZON CAPITAL SERVICES INC 1R43Q99YJJNF SUPPLIES 1117201 61191 $ 41.70 162535 Total $ 251.20
162536 05/29/2026 BEAR ELECTRICAL SOLUTIONS, INC 10895 MARCH 2026 USAS 1115202 63356 $ 1,430.00 162536 Total $ 1,430.00
162537 05/29/2026 BOETHING TREELAND FARMS INC SI-1463984 TREES 1115999 68621 $ 433.13 162537 Total $ 433.13
162538 05/29/2026 BPS TACTICAL, INC 26020738 S CAREY VEST 1114301 61165 $ 2,015.11 162538 Total $ 2,015.11
162539 05/29/2026 BRIDGETTE A FALCONIO 04/07/26-04/10/26 MILEAGE-RECORD DOCUMENTS/CERTIFIED COPIES 1111301 64211 $ 52.20 162539 Total $ 52.20
162540 05/29/2026 BRIGHTVIEW LANDSCAPE SERVICES INC 9750914 MARCH 2026 SERVICES 1115401 62354 $ 12,483.00 162540 Total $ 12,483.00
162541 05/29/2026 BROOKE M LORENZO 05/10/26-05/13/26 PER DIEM REIMBURSEMENT-TACTICAL DISPATCH 1114201 64111 $ 301.00 162541 Total $ 301.00
162542 05/29/2026 CENTRAL WHOLESALE NURSERY 831869 SUPPLIES 1115301 61215 $ 404.03 162542 Total $ 404.03
162543 05/29/2026 CHILDREN'S PLUS INC 279615 BOOKS 1117202 61192 $ 247.60 162543 05/29/2026 CHILDREN'S PLUS INC 279616 BOOKS 1117202 61192 $ 420.16 162543 Total $ 667.76
162544 05/29/2026 SAN MATEO COUNTY SHERIFF'S OFFICE 05/11/26-05/15/26 CIT 051126-051526 THEILEN/DELIA 1114301 64111 $ 624.00 162544 Total $ 624.00

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162545 05/29/2026 CSG CONSULTANTS, INC. 65723 022826-032726 SERVICE 1115999 68416 $ 9,047.50 162545 05/29/2026 CSG CONSULTANTS, INC. 65886 022826-032726 SERVICE 1115999 68416 $ 3,340.00 162545 Total $ 12,387.50
162546 05/29/2026 CUMMINS INC Z1-260589333 SUPPLIES 1115402 61265 $ 273.70 162546 05/29/2026 CUMMINS INC Z1-260589779 SUPPLIES 1115402 61265 $ 19.11 162546 Total $ 292.81
162547 05/29/2026 DEBRA FIGONE 051326 LEADERSHIP LOS GATOS CAPSTONE PRESENTATION 050126
1112106 62434 $ 1,800.00
162547 Total $ 1,800.00
162548 05/29/2026 DICK'S AUTOMOTIVE TRANSPORT 32648 TOWING SERVICE 022626 1114301 62391 $ 1,972.50 162548 05/29/2026 DICK'S AUTOMOTIVE TRANSPORT 32940 032226 TOWING 1115402 61265 $ 70.00 162548 Total $ 2,042.50
162549 05/29/2026 DISABILITY ACCESS CONSULTANTS LLC 26-100 APRIL 2026 SERVICES 4118734 82303 $ 1,680.00 162549 Total $ 1,680.00
162550 05/29/2026 DIXON RESOURCES UNLIMITED 5144 APRIL 2026 SERVICES 1115201 63264 $ 8,000.00 162550 Total $ 8,000.00
162551 05/29/2026 EMC PLANNING GROUP, INC. 24-169-12 SERVICES THROUGH 043026 1113999 68411 $ 1,181.71 162551 05/29/2026 EMC PLANNING GROUP, INC. 25-122-3 SERVICES THROUGH 043026 1113999 68411 $ 4,312.32 162551 Total $ 5,494.03
162552 05/29/2026 EQUIFAX INFORMATION SVCS LLC 2072593772 040826-050726 PERIOD 1114202 62343 $ 35.00 162552 Total $ 35.00
162553 05/29/2026 EWING IRRIGATION 30136626 SUPPLIES 1115301 61215 $ 569.42

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162553 05/29/2026 EWING IRRIGATION 30195592 SUPPLIES 1115301 61215 $ 104.25 162553 Total $ 673.67
162554 05/29/2026 FLOCK GROUP INC INV-93469 FLOCK SAFETY LPR 1114301 61253 $ 51,000.00 162554 Total $ 51,000.00
162555 05/29/2026 FOSTER & FOSTER CONSULTING 41710 FY 25-26 ACTUARIAL SERVICES 1111201 63219 $ 11,500.00 162555 Total $ 11,500.00
162556 05/29/2026 FRONTIER CALIFORNIA INC 3540009MAY26 051226-061126 PERIOD 6335423 62631 $ 392.61 162556 Total $ 392.61
162557 05/29/2026 GRAINGER 9908595417 SUPPLIES 6335423 61214 $ 75.64 162557 05/29/2026 GRAINGER 9909936610 SUPPLIES 6335423 61214 $ 178.11 162557 05/29/2026 GRAINGER 9909980758 SUPPLIES 1115401 61212 $ 35.33 162557 05/29/2026 GRAINGER 9910027714 SUPPLIES 1115401 61212 $ 151.49 162557 05/29/2026 GRAINGER 9910038620 SUPPLIES 6335423 61214 $ 83.09 162557 Total $ 523.66
162558 05/29/2026 GREEN HALO SYSTEMS INC 6505 MAY 2026 HOSTING 6212502 63332 $ 192.00 162558 Total $ 192.00
162559 05/29/2026 INGRAM LIBRARY SERVICE LLC 96282450 BOOKS 1117202 61192 $ 7,089.95 162559 05/29/2026 INGRAM LIBRARY SERVICE LLC 96282450 BOOKS 1117201 61191 $ 6,195.37 162559 Total $ 13,285.32
162560 05/29/2026 INTERWEST CONSULTING GROUP 3693725 B25-0872 15425 LGB 1113999 68416 $ 471.25 162560 Total $ 471.25

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162561 05/29/2026 JACQUELYN D ROSE 052726 REIMB-OFFICE SUPPLIES 1114201 61111 $ 109.95 162561 Total $ 109.95
162562 05/29/2026 JARVIS FAY LLP 21963 040126-043026 SERVICES 1111301 63215 $ 118.50 162562 Total $ 118.50
162563 05/29/2026 JOSEPH A ACEVES 21256 NO PARKING SIGNS 4818155 82405 $ 2,916.08 162563 05/29/2026 JOSEPH A ACEVES 21258 BUSINESS CARDS 1115101 61111 $ 43.90 162563 Total $ 2,959.98
162564 05/29/2026 LOS GATOS SARATOGA DEPT OF 043026TOLG 040726 SERVICE 1112201 64433 $ 66.00 162564 Total $ 66.00
162565 05/29/2026 LOS GATOS TOWN EMPLOYEES FOUNDATION 108536 LGTEF DUES PPE 05/23/26 111 21264 $ 456.00 162565 Total $ 456.00
162566 05/29/2026 LYNX TECHNOLOGIES 10627 APRIL 2026 GIS SERVICES 6212502 63331 $ 10,854.00 162566 Total $ 10,854.00
162567 05/29/2026 MIDWEST MOTOR SUPPLY CO., INC. 104445404 SUPPLIES 1115402 61265 $ 2,948.64 162567 Total $ 2,948.64
162568 05/29/2026 NWESTCO LLC INV600320 GIL ENCORE PUMPING UNIT BLACKMER 4118151 82405 $ 4,195.67 162568 Total $ 4,195.67
162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2025001194 B25-1333 126 & 126-A VISTA DEL PRADO 1113999 68416 $ 4,345.38 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001025 B26-0217 140 OAKMONT WAY 1113999 68416 $ 2,243.39 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001027 B26-0226 17180 & 17180-A CRESCENT DRIVE 1113999 68416 $ 1,139.71 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001028 B26-0239 305 & 305-A ALBERT DRIVE 1113999 68416 $ 1,407.31

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001030 B26-0251 16150 LOS GATOS BLVD 1113999 68416 $ 1,725.72 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001037 B26-0285 91 W MAIN STREET 1113999 68416 $ 328.30 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2025001114TM B25-0722 32 NSC AVENUE 1113999 68416 $ 600.00 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2025001140TM B25-0917 14107 WINCHESTER BLVD 1113999 68416 $ 300.00 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2025001176TM B25-1299 354 SYCAMORE COURT 1113999 68416 $ 660.00 162569 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2026001019RTM B25-0911 210 LA TERRA COURT 1113999 68416 $ 360.00 162569 Total $ 13,109.81
162570 05/29/2026 O'BRIEN CODE CONSULTING, INC, 2025001185TM B25-1351 119-A HARDING AVENUE 1113999 68416 $ 240.00 162570 Total $ 240.00
162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-101908 CREDIT MEMO 1115402 61265 $ (22.00) 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-102538 AUTO PARTS 1115402 61265 $ 9.65 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-102636 CREDIT MEMO 1115402 61265 $ (48.76) 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-103513 AUTO PARTS 1115402 61265 $ 368.63 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-103529 CREDIT MEMO 1115402 61265 $ (368.63) 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-105865 SUPPLIES 1115402 61265 $ 46.50 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-106417 AUTO PARTS 1115402 61265 $ 84.76 162571 05/29/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-106596 AUTO PARTS 1115402 61265 $ 92.15 162571 Total $ 162.30
162572 05/29/2026 OCCUPATIONAL HEALTH CENTERS OF CA 90710752 042026 SERVICE 1112201 64431 $ 136.00 162572 Total $ 136.00
162573 05/29/2026 ODP BUSINESS SOLUTIONS 468282890001 SUPPLIES 1115101 61111 $ 62.60

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162573 05/29/2026 ODP BUSINESS SOLUTIONS 468282890001 SUPPLIES 1115101 61111 $ 11.46 162573 05/29/2026 ODP BUSINESS SOLUTIONS 468282890002 SUPPLIES 1115101 61111 $ 16.90 162573 05/29/2026 ODP BUSINESS SOLUTIONS 468632499001 PAPER 1111201 61111 $ 445.27 162573 Total $ 536.23
162574 05/29/2026 BRIAN WHITAKER 051226 REIMB-4 LAPTOPS EDEN NETWORK PROJECT 4118733 82405 $ 1,841.40 162574 Total $ 1,841.40
162575 05/29/2026 PACIFIC GAS & ELECTRIC 01468-051926 041326-051126 SERVICE 6335423 62611 $ 11,158.37 162575 05/29/2026 PACIFIC GAS & ELECTRIC 01468-051926 041326-051126 SERVICE 6335423 62612 $ 137.62 162575 05/29/2026 PACIFIC GAS & ELECTRIC 08696-051926 041326-051126 SERVICE 6335423 62611 $ 87.42 162575 05/29/2026 PACIFIC GAS & ELECTRIC 08696-051926 041326-051126 SERVICE 6335423 62612 $ 7.85 162575 05/29/2026 PACIFIC GAS & ELECTRIC 09379-051426 122725-042726 SERVICE 6335423 62611 $ 774.96 162575 05/29/2026 PACIFIC GAS & ELECTRIC 10807-052126 041626-051426 SERVICE 1115401 62621 $ 147.52 162575 05/29/2026 PACIFIC GAS & ELECTRIC 17087-052026 041526-051326 SERVICE 1115401 62621 $ 94.22 162575 05/29/2026 PACIFIC GAS & ELECTRIC 31221-052226 032726-042426 SERVICE 1115401 62621 $ 2,516.97 162575 05/29/2026 PACIFIC GAS & ELECTRIC 43001-052026 041526-051326 SERVICE 1115401 62621 $ 270.33 162575 05/29/2026 PACIFIC GAS & ELECTRIC 47593-051226 040626-050426 SERVICE 2515408 62611 $ 4,070.80 162575 05/29/2026 PACIFIC GAS & ELECTRIC 47593-051226 040626-050426 SERVICE 2515408 62612 $ 9.42 162575 05/29/2026 PACIFIC GAS & ELECTRIC 52897-052126 041626-051426 SERVICE 1115301 62611 $ 2,218.53 162575 05/29/2026 PACIFIC GAS & ELECTRIC 52897-052126 041626-051426 SERVICE 1115401 62621 $ 91.42 162575 05/29/2026 PACIFIC GAS & ELECTRIC 54633-052226 041726-051726 SERVICE 6335423 62611 $ 122.15 162575 Total $ 21,707.58

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162576 05/29/2026 PACIFIC GAS & ELECTRIC 00442-051926 041126-051126 SERVICE 1115401 62621 $ 82.08 162576 05/29/2026 PACIFIC GAS & ELECTRIC 26130-052226 041726-051726 SERVICE 6335423 62611 $ 52.64 162576 05/29/2026 PACIFIC GAS & ELECTRIC 26130-052226 041726-051726 SERVICE 6335423 62612 $ 8.39 162576 05/29/2026 PACIFIC GAS & ELECTRIC 46335-052126 041626-051426 SERVICE 1115401 62621 $ 47.30 162576 05/29/2026 PACIFIC GAS & ELECTRIC 61917-052126 041626-051426 SERVICE 1115401 62621 $ 52.08 162576 05/29/2026 PACIFIC GAS & ELECTRIC 63609-052026 041626-051426 SERVICE 1115401 62621 $ 3.27 162576 05/29/2026 PACIFIC GAS & ELECTRIC 66647-052126 041626-051426 SERVICE 1115402 61264 $ 42.20 162576 05/29/2026 PACIFIC GAS & ELECTRIC 81107-051526 041026-051026 SERVICE 6335423 62611 $ 45.19 162576 Total $ 333.15
162577 05/29/2026 PLAN JPA PLAN-0588 APRIL 2026 CLAIMS 6111302 65541 $ 4,968.98 162577 Total $ 4,968.98
162578 05/29/2026 PREFERRED ALLIANCE INC 0211121-IN APRIL 2026 PERIOD 1112201 62321 $ 82.30 162578 Total $ 82.30
162579 05/29/2026 RANEY PLANNING & MANAGEMENT INC 2483E-17 178 TWIN OAK DR 1113999 68411 $ 9,326.75 162579 05/29/2026 RANEY PLANNING & MANAGEMENT INC 2511E-13 14789 OKA LANE 1113999 68411 $ 1,378.21 162579 Total $ 10,704.96
162580 05/29/2026 ROBINSON OIL CORPORATION 570170 041426-041526 EXTERNAL GAS CHARGES 1115402 61261 $ 448.64 162580 Total $ 448.64
162581 05/29/2026 RURAL SUPPLY HARDWARE INC 7043 SUPPLIES 1115401 61275 $ 62.05 162581 Total $ 62.05
162582 05/29/2026 RYAN P BAKER 03/31/26-04/03/26 PLA CONFERENCE - FLIGHT/HOTEL/LYFTS/PER DIEM 1117101 64111 $ 246.00

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162582 05/29/2026 RYAN P BAKER 03/31/26-04/03/26 PLA CONFERENCE - FLIGHT/HOTEL/LYFTS/PER DIEM 1117101 64211 $ 1,561.21 162582 Total $ 1,807.21
162583 05/29/2026 SANTA CLARA COUNTY CRIME LABORATORY 052126 CRIME LAB FEES FY 2025-26 1114303 63112 $ 37,516.00 162583 Total $ 37,516.00
162584 05/29/2026 SANTA CLARA COUNTY SHERIFF OFFICE 1800098161 SWAT 032326-040326 1114301 64111 $ 825.00 162584 Total $ 825.00
162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006936388 APRIL 2026 ADS 1112301 62306 $ 44.07 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006956767 APRIL 2026 ADS 4818155 82103 $ 844.56 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006957286 APRIL 2026 ADS 1112301 62306 $ 304.56 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006958991 APRIL 2026 ADS 1113201 62311 $ 215.83 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006958994 APRIL 2026 ADS 1113201 62311 $ 205.66 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006958995 APRIL 2026 ADS 1113201 62311 $ 212.44 162585 05/29/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006960627 APRIL 2026 ADS 1113201 62311 $ 595.50 162585 Total $ 2,422.62
162586 05/29/2026 STEPHEN CIARI PLUMBING AND HEATING 29026 050626 SERVICE 6335423 62373 $ 334.99 162586 Total $ 334.99
162587 05/29/2026 TOWN EMPLOYEES ASSOCIATION 108535 TEA DUES PPE 05/23/26 111 21261 $ 1,411.40 162587 Total $ 1,411.40
162588 05/29/2026 US BANK 9783-052226 MAY 2026 CAL-CARD PAYMENT 111 21115 $ 41,473.03 162588 Total $ 41,473.03
162589 05/29/2026 VICKI L BLANDIN LG43-25 121025 PC MEETING ITEM 6 4 TAIT AVENUE 1113201 62310 $ 202.50

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 05-29-2026
162589 Total $ 202.50
162590 05/29/2026 VISIONSCAPE IMAGERY INC 6009 14849 LOS GATOS 1113999 68428 $ 10,150.00 162590 05/29/2026 VISIONSCAPE IMAGERY INC 6013 101 S SANTA CRUZ 1113999 68428 $ 9,000.00 162590 05/29/2026 VISIONSCAPE IMAGERY INC 6020 14849 LOS GATOS BLVD 1113999 68428 $ 6,090.00 162590 05/29/2026 VISIONSCAPE IMAGERY INC 6025 14849 LOS GATOS BLVD 1113999 68428 $ 4,060.00 162590 Total $ 29,300.00
162591 05/29/2026 WHITLOCK & WEINBERGER TRANSPORTATIO 34534 BILLING THROUGH 043026 1115999 68611 $ 540.00 162591 Total $ 540.00
Grand Total $ 322,921.30

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-05-2026

CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 11JC6FC6K1GV SUPPLIES 2617301 62415 $ 64.20 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 13JTG4HFFPV9 SUPPLIES 4118733 82405 $ 114.80 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 169R449FQGJY SUPPLIES 1117202 61192 $ 126.38 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1CWWC3K6F697 SUPPLIES 1115402 61265 $ 51.63 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1FJ46KLRMPDM SUPPLIES 1117202 61192 $ 109.98 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1GNJ4YLQCCNW SUPPLIES 1117201 61191 $ 221.71 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1K4D7C1TPR79 SUPPLIES 1114301 62344 $ 74.70 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1NJH4RHJ7QD9 SUPPLIES 1117201 61191 $ 38.68 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1NKMMT1LFRKR SUPPLIES 1115402 61265 $ 140.46 162592 06/05/2026 AMAZON CAPITAL SERVICES INC 1XFRGRTNKXNP SUPPLIES 1113301 61211 $ 497.66 162592 Total $ 1,440.20
162593 06/05/2026 AMAZON CAPITAL SERVICES INC 1VJMN66LJY7C SUPPLIES 2617301 62415 $ 28.77 162593 Total $ 28.77
162594 06/05/2026 ASSURE MSP INC 1133339 CAMERAS 1114301 61253 $ 8,946.38 162594 Total $ 8,946.38
162595 06/05/2026 AT&T CALNET 3 000025277973 042026-051926 SERVICE 1114201 62622 $ 58.69 162595 Total $ 58.69
162596 06/05/2026 ATCHISON, BARISONE & CONDOTTI 35098 040126-043026 SERVICE 1111301 63215 $ 7,646.51 162596 Total $ 7,646.51
162597 06/05/2026 BAN SERVICES COMPANY INC 261908 PEST CONTROL SERVICES 6335423 62376 $ 125.00 162597 Total $ 125.00
162598 06/05/2026 BAY AREA PL SERVICES 35442 043026 SERVICE 1114303 63322 $ 305.00 162598 Total $ 305.00
162599 06/05/2026 BEAR ELECTRICAL SOLUTIONS, INC 11283 APRIL 2026 TS ROUTINE SERVICES 1115401 63364 $ 3,782.00 162599 06/05/2026 BEAR ELECTRICAL SOLUTIONS, INC 11285 APRIL 2026 SL MAINT SERVICES 1115401 63364 $ 1,812.72 162599 Total $ 5,594.72
162600 06/05/2026 BLACKSTONE AUDIO INC 2234110 CDS 1117201 61191 $ 165.77 162600 Total $ 165.77
162601 06/05/2026 CAPITOL DEL GRANDE 2 INC 424867 AUTO REPAIRS 1115402 61265 $ 845.70 162601 06/05/2026 CAPITOL DEL GRANDE 2 INC 424867 AUTO REPAIRS 1115402 62378 $ 1,765.00 162601 Total $ 2,610.70
162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 264958 AUTO PARTS 1115402 61265 $ 360.36 162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 359599 AUTO PARTS 1115402 61265 $ 878.88 162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 359883 AUTO PARTS 1115402 61265 $ 33.19 162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 359883 AUTO PARTS 1115402 62378 $ 129.73 162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 359886 AUTO PARTS 1115402 61265 $ 453.87 162602 06/05/2026 CAPITOL DEL GRANDE 4 INC 359886 AUTO PARTS 1115402 62378 $ 725.00 162602 Total $ 2,581.03
162603 06/05/2026 CITYGOVAPP INC 2034 030126-033126 SERVICE 1113301 63332 $ 689.00 162603 06/05/2026 CITYGOVAPP INC 2035 040126-043026 SERVICE 1113301 63332 $ 689.00 162603 06/05/2026 CITYGOVAPP INC 2047 050126-053026 SERVICE 1113301 63332 $ 689.00 162603 Total $ 2,067.00
ATTACHMENT 2 Page 835
ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-05-2026

CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162604 06/05/2026 COMCAST 0737380JUN26 052826-062726 SERVICE 6212502 62614 $ 131.72 162604 Total $ 131.72
162605 06/05/2026 CORELOGIC INFORMATION SOLUTIONS INC 30855979 040126-043026 PERIOD 6212502 63332 $ 57.45 162605 06/05/2026 CORELOGIC INFORMATION SOLUTIONS INC 30855984 040126-043026 PERIOD 6212502 63332 $ 441.10 162605 Total $ 498.55
162606 06/05/2026 COTTON, SHIRES AND ASSOCIATES INC 526180 040326-043026 0 MIREVAL ROAD 1115999 68612 $ 3,000.00 162606 Total $ 3,000.00
162607 06/05/2026 CRIME SCENE CLEANERS, INC. 97426 POLICE CAR #1 1114301 62392 $ 130.00 162607 Total $ 130.00
162608 06/05/2026 CSG CONSULTANTS, INC. 66174 032826-042426 SERVICE 1115999 68416 $ 28,251.00 162608 06/05/2026 CSG CONSULTANTS, INC. 66175 032826-042426 SERVICE 1115999 68416 $ 4,625.00 162608 06/05/2026 CSG CONSULTANTS, INC. 66176 032826-042426 SERVICE 1115999 68416 $ 812.50 162608 06/05/2026 CSG CONSULTANTS, INC. 66177 032826-042426 SERVICE 1115999 68416 $ 2,206.00 162608 06/05/2026 CSG CONSULTANTS, INC. 66178 032826-042426 SERVICE 1115999 68416 $ 30,268.75 162608 Total $ 66,163.25
162609 06/05/2026 DANNY THOMAS PARTY RENTALS 051226 LEADERSHIP LOS GATOS 050126 1112106 62434 $ 939.50 162609 Total $ 939.50
162610 06/05/2026 DLR GROUP INC, A CALIFORNIA CORPORATION 0264968 040126-043026 PERIOD 4118735 82303 $ 2,786.20 162610 Total $ 2,786.20
162611 06/05/2026 EWING IRRIGATION 30228699 SUPPLIES 1115301 61215 $ 194.94 162611 Total $ 194.94
162612 06/05/2026 FRONTIER CALIFORNIA INC 1970036MAY26 050226-060126 PERIOD 6212502 62614 $ 414.25 162612 06/05/2026 FRONTIER CALIFORNIA INC 3993048JUN26 052826-062726 SERVICE 1114201 62622 $ 129.68 162612 Total $ 543.93
162613 06/05/2026 GRAINGER 9911326438 SUPPLIES 6335423 61214 $ 129.00 162613 06/05/2026 GRAINGER 9914643813 SUPPLIES 1115301 61214 $ 34.35 162613 06/05/2026 GRAINGER 9914776050 SUPPLIES 1115301 61214 $ 472.72 162613 06/05/2026 GRAINGER 9914776068 SUPPLIES 1115402 61265 $ 543.84 162613 06/05/2026 GRAINGER 9916680540 SUPPLIES 1115402 61265 $ 12.41 162613 Total $ 1,192.32
162614 06/05/2026 HD SUPPLY FACILITIES MAINT LTD 9248765379 SUPPLIES 6335423 61214 $ 166.10 162614 06/05/2026 HD SUPPLY FACILITIES MAINT LTD 9249042534 SUPPLIES 6335423 61214 $ 52.04 162614 Total $ 218.14
162615 06/05/2026 HDLM ASSOCIATES INC 100 APRIL 2026 GAS PURCHASES 1115402 61262 $ 2,951.92 162615 Total $ 2,951.92
162616 06/05/2026 INTERWEST CONSULTING GROUP 3976419 B25-0656 REVIEW 1113999 68416 $ 326.25 162616 06/05/2026 INTERWEST CONSULTING GROUP LOSG26-0029 040126-043026 PLAN REVIEW 1113999 68416 $ 651.20 162616 06/05/2026 INTERWEST CONSULTING GROUP LOSG26-0032 040126-043026 PLAN REVIEW 1113999 68416 $ 2,897.23 162616 06/05/2026 INTERWEST CONSULTING GROUP LOSG26-0034 040126-043026 PLAN REVIEW 1113999 68416 $ 495.24 162616 06/05/2026 INTERWEST CONSULTING GROUP LOSG26-0035 040126-043026 PLAN REVIEW 1113999 68416 $ 831.01 162616 Total $ 5,200.93
162617 06/05/2026 LIEBERT CASSIDY WHITMORE 320645 MARCH 2026 SERVICES 1112201 63214 $ 8,407.00

ITEM NO. 18.

ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-05-2026

CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162617 06/05/2026 LIEBERT CASSIDY WHITMORE 320646 MARCH 2026 SERVICES 1112201 63214 $ 1,239.00 162617 06/05/2026 LIEBERT CASSIDY WHITMORE 320647 MARCH 2026 SERVICES 1112201 63214 $ 3,040.00 162617 06/05/2026 LIEBERT CASSIDY WHITMORE 320648 MARCH 2026 SERVICES 1112201 63214 $ 1,334.00 162617 Total $ 14,020.00
162618 06/05/2026 LOS GATOS PUBLIC MEDIA INC DBA KCAT 052926 2026-Q1 PEG MONEY 111 23813 $ 20,149.64 162618 06/05/2026 LOS GATOS PUBLIC MEDIA INC DBA KCAT 103173 APRIL 2026 CABLECASTING 1111201 63311 $ 5,250.00 162618 Total $ 25,399.64
162619 06/05/2026 MARLEE AMOS 05/10/26-05/13/26 PER DIEM REIMBURSEMENT-TACTICAL DISPATCH 1114201 64111 $ 301.00 162619 Total $ 301.00
162620 06/05/2026 MIDWEST MOTOR SUPPLY CO., INC. 104453433 SUPPLIES 1115402 61265 $ 2,986.03 162620 Total $ 2,986.03
162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2026001024 B25-0216 370 PENN WAY 1113999 68416 $ 1,447.96 162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2026001031 B26-0253 16403 ENGLEWOOD AVENUE 1113999 68416 $ 1,109.22 162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2026001035 B26-0265 15485 CORINNE DRIVE 1113999 68416 $ 1,048.24 162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2025001169TM B25-1242 15597 FLINTRIDGE DRIVE 1113999 68416 $ 480.00 162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2026001042TM B24-0452 15995 CERRO VISTA DRIVE 1113999 68416 $ 240.00 162621 06/05/2026 O'BRIEN CODE CONSULTING, INC, 2026001044TM B25-0523 16000 CERRO VISTA DRIVE 1113999 68416 $ 240.00 162621 Total $ 4,565.42
162622 06/05/2026 ODP BUSINESS SOLUTIONS 467557091001 SUPPLIES 1114201 61111 $ 222.63 162622 06/05/2026 ODP BUSINESS SOLUTIONS 468869151001 SUPPLIES 1115101 61111 $ 82.05 162622 06/05/2026 ODP BUSINESS SOLUTIONS 468873824001 SUPPLIES 1115101 61111 $ 17.79 162622 06/05/2026 ODP BUSINESS SOLUTIONS 468873825001 SUPPLIES 1115101 61111 $ 8.78 162622 06/05/2026 ODP BUSINESS SOLUTIONS 468951025001 SUPPLIES 1113201 61111 $ 209.39 162622 06/05/2026 ODP BUSINESS SOLUTIONS 469037519001 SUPPLIES 1113201 61111 $ 61.67 162622 06/05/2026 ODP BUSINESS SOLUTIONS 470129406001 SUPPLIES 1115101 61111 $ 73.30 162622 06/05/2026 ODP BUSINESS SOLUTIONS 470130893001 SUPPLIES 6335423 61112 $ 13.94 162622 Total $ 689.55
162623 06/05/2026 ORCHARD CITY LOCK AND SAFE, INC. 87052 SERVICE CALL/KEYS 6335423 61214 $ 178.88 162623 06/05/2026 ORCHARD CITY LOCK AND SAFE, INC. 87052 SERVICE CALL/KEYS 6335423 62379 $ 140.00 162623 Total $ 318.88
162624 06/05/2026 PACIFIC GAS & ELECTRIC 32085-052626 042026-051826 SERVICE 6335423 62611 $ 15,329.38 162624 06/05/2026 PACIFIC GAS & ELECTRIC 32085-052626 042026-051826 SERVICE 6335423 62612 $ 4,002.45 162624 06/05/2026 PACIFIC GAS & ELECTRIC 74572-052626 042026-051826 SERVICE 6335423 62611 $ 23.01 162624 Total $ 19,354.84
162625 06/05/2026 PACIFIC PRODUCTS AND SERVICES LLC 38201 SUPPLIES 1115401 61212 $ 2,711.97 162625 Total $ 2,711.97
162626 06/05/2026 PACIFIC WATER ART INC 78071 MAY 2026 FOUNTAIN MAINTENANCE 1115301 62378 $ 1,101.50 162626 Total $ 1,101.50
162627 06/05/2026 RANEY PLANNING & MANAGEMENT INC 2622E-1 101 S SANTA CRUZ AVE 1113999 68411 $ 1,066.25 162627 Total $ 1,066.25
162628 06/05/2026 ROBINSON OIL CORPORATION 573591 041626-043026 GAS PURCHASES 1115402 61261 $ 5,889.06 162628 06/05/2026 ROBINSON OIL CORPORATION 576464 050126-050426 FUEL PURCHASES 1115402 61261 $ 1,245.64