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11 Staff Report.Parking Program with attachments PREPARED BY: Nicolle Burnham Parks and Public Works Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 03/05/2024 ITEM NO: 11 DATE: February 29, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Parking Program (CIP No. 813-0242): a. Authorize an Expenditure Budget Decrease Adjustment of Previously Allocated Funds in Program 5101 (PPW Administration) from $200,000 to $168,955; b. Authorize a Budget Transfer of $168,955 from the Previously Allocated Funds from Program 5101 (PPW Administration) to the Parking Program Implementation Project (CIP No. 411-813-0242); and c. Authorize the Town Manager to Execute an Agreement with Dixon Resources Unlimited for Parking Program Management in the Amount of $168,955. RECOMMENDATION: Parking Program (CIP No. 813-0242): a. Authorize an Expenditure Budget Decrease Adjustment of Previously Allocated Funds in Program 5101 (PPW Administration) from $200,000 to $168,955; b. Authorize a Budget Transfer of $168,955 from the Previously Allocated Funds from Program 5101 (PPW Administration) to the Parking Program Implementation Project (CIP No. 411- 813-0242); and c. Authorize the Town Manager to execute an agreement with Dixon Resources Unlimited for Parking Program Management in the amount of $168,955 (Attachment 1). BACKGROUND: On March 19, 2019 Town Council approved an agreement with Dixon Resources Unlimited (Dixon) for a Comprehensive Downtown Parking Study. PAGE 2 OF 4 SUBJECT: Authorize an Agreement for Consultant Services for Downtown Parking Program Management DATE: February 29, 2024 BACKGROUND (continued): After receiving an update and providing input on the study on August 20, 2019, the Town Council received the final Parking Roadmap1 on December 17, 2019. Implementation of the Roadmap has been ongoing since that time and addressing concerns related to Downtown parking remains a Town Council priority. On December 6, 2022 Town Council received an updated on the parking program implementation that highlighted: Hunt Design’s work to develop the wayfinding and signage program; implementation of the downtown employee parking program, the hiring of a part- time (0.25 FTE) parking manager; and efforts to implement some form of paid parking downtown. At that meeting, Town Council provided direction on next steps for the program. On August 15, 2023, Town Council received a report on Parking Program Implementation and took action on a number of items. Those items included changes to the residential permit parking program charges, eliminating employee parking permit fees for the Olive Zone, and allocating up to $200,000 for to fund a limited-term (one-year) Parking Coordinator position to continue implementing the Downtown Parking Program. DISCUSSION: Staff has been working to add the Parking Coordinator position to the Town’s schedule of positions. Adding this position requires budget adjustments to execute the Council direction, developing a job description to define the roles and responsibilities, setting the appropriate compensation for the position, and coordinating the new role with the Town labor union (the Town Employees Association). With the vacancy of the Transportation and Mobility Manager, current staff do not have extensive experience in managing parking programs or parking personnel. This has created challenges in finalizing the job description and it has become apparent that a job description could more effectively be crafted once the parking program has been implemented to confirm the expertise that is actually needed. In addition, without dedicated parking staff, important changes like expanding employee parking to Saturdays and clarifying the parking signage are lagging. Staff recognizes that the Downtown Parking Program is important to residents, businesses, and visitors, and that its implementation cannot continue to be delayed. Therefore, it is recommended that the Town contract out the management of the parking program for the initial implementation. 1 https://www.losgatosca.gov/DocumentCenter/View/23807/Los-Gatos-Parking-Roadmap PAGE 3 OF 4 SUBJECT: Authorize an Agreement for Consultant Services for Downtown Parking Program Management DATE: February 29, 2024 DISCUSSION (continued): Having been guiding the Town’s Downtown Parking Program since 2019, Dixon is uniquely qualified to support the Town as staff finishes developing the Parking Coordinator position and moves forward in implementing changes previously decided by Town Council. If Town Council authorizes this contracting approach, the funds that were allocated in August 2023 to the staff position would be repurposed to this contract. Future funding of a Parking Coordinator position can then be addressed through the 2025/2026 Operating Budget process. CONCLUSION: Contracting the management of the Downtown Parking Program will provide staffing support in the most expedient manner. It will also provide expertise beyond a single staff member and is expected to accelerate necessary improvements that Town Council has requested staff to make. COORDINATION: This report was coordinated with the Police Department, the Economic Vitality Manager, the Town Manager’s Office, and Finance Department. FISCAL IMPACT: Approval of the recommendation will provide sufficient funds to move forward with the contract management of the Downtown Parking Program. Budget Costs GFAR 598,500$ Budget Increase Requested with this Staff Report 168,955$ Total Budget 767,455$ Costs Advertising 384$ Misc. Project Costs 892$ Consultant Services 147,364$ Consultant Services Agreement with Dixon Resources Unlimited (Requested with this Staff Report)168,955$ Project Constuction 128,056$ Temp Staff Salary Costs 1,934$ Total Costs 447,584$ Available Balance 319,871$ Parking Program Implemenation CIP No. 813-0242 PAGE 4 OF 4 SUBJECT: Authorize an Agreement for Consultant Services for Downtown Parking Program Management DATE: February 29, 2024 ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Agreement for Consultant Services with Dixon Resources Unlimited, including Exhibit A, Scope of Services Page 1 of 8 Agreement for Consultant Services ATTACHMENT 1 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is dated for identification on March 5, 2024 by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Dixon Resources Unlimited (“Consultant”), a California Corporation, whose address is 3639 Midway Drive, Suite B345 San Diego, CA 92110. This Agreement is made with reference to the following facts. I. RECITALS 1.1 The Town desires to engage Consultant to provide services to Parking Program Management Services. 1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement. 1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain Consultant. II. AGREEMENTS 2.1 Scope of Services. Consultant shall provide services as described in that certain proposal sent to the Town and dated February 22, 2024 which is hereby incorporated by reference and attached as Exhibit A. 2.2 Term and Time of Performance. This contract will remain in effect upon execution to December 31, 2025. 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 or assembled by Consultant in connection with the performance of its services Page 2 of 8 Agreement for Consultant Services ATTACHMENT 1 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 $168,955, inclusive of all costs. Payment shall be based upon Town approval of each invoice and billed on a per month basis based on percentage of work complete. 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 and tasks completed. in consideration of Consultant's performance in a satisfactory and efficient manner, as determined solely by the Director, for all services set forth in this Agreement, City agrees to pay Consultant at a rate of $9,938.53 per month for seventeen months. In no event will the City pay more than $168,955 as total compensation for the Agreement. No additional fees or expenses of Consultant shall be charged by Consultant nor be payable by City. 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: ap@losgatosca.gov 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. Page 3 of 8 Agreement for Consultant Services ATTACHMENT 1 2.10 Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under 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. Page 4 of 8 Agreement for Consultant Services ATTACHMENT 1 ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. 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. Page 5 of 8 Agreement for Consultant Services ATTACHMENT 1 3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its 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. Page 6 of 8 Agreement for Consultant Services ATTACHMENT 1 4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: Town of Los Gatos Attn: Town Clerk 110 E. Main Street Los Gatos, CA 95030 Dixon Resources Unlimited 3639 Midway Drive, Suite B345 San Diego, CA 92110 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. Page 7 of 8 Agreement for Consultant Services ATTACHMENT 1 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement. Town of Los Gatos by: Laurel Prevetti, Town Manager Recommended by: Nicolle Burnham Director of Parks and Public Works Consultant, by: Julianne Dixon, President Dixon Resources Unlimited Approved as to Form: Gabrielle Whelan, Town Attorney Attest: Wendy Wood, CMC, Town Clerk Prepared by Dixon Resources Unlimited Program Management Support Services (Revised) Proposal Town of Los Gatos, CA February 22, 2024 EXHIBIT A DIXON | Program Management Support Services - Los Gatos Page 1 of 3 Proposal for Program Management Support To: Nicolle Burnham, Parks & Public Works Director, Town of Los Gatos From: Dixon Resources Unlimited Date: February 22, 2024 Subject: Revised Proposal for Program Management Support Services Dixon Resources Unlimited (DIXON) is pleased to submit this revised proposal to provide program management consulting services to the Town of Los Gatos (Town). Our uniquely qualified firm specializes in supporting parking and mobility programs across the country, consistently proving our ability to identify and implement operations, management, and technology recommendations to transition municipal parking operations to long-term, sustainable programs. We have direct, hands-on experience acting as interim parking manager and supporting municipal programs to manage the ongoing optimization of parking programs, including policy updates, permit management, use of technology, and community engagement and education. For the City of Seal Beach, we assisted in the complete overhaul of the City’s parking program as the interim Parking Manager, overseeing the transition of parking management between city departments, installation of turnkey parking technology, and ongoing community engagement, which resulted in the City being awarded Parking Today’s 2019 “Innovative Use of Technology” Award. In the City of Ventura, we have assisted as interim Parking Coordinator to assist the City through municipal code and parking policy updates, participating in regular meetings of the City’s Downtown Parking Advisory Committee, and assisting the City as it contemplates the implementation of paid parking and congestion management strategies in their on- and off-street parking locations. DIXON has provided on-call parking consulting for the City of Monterey since 2018. This project is a great example of how we personify the “Parking Coach” mentality, providing hands-on collaboration with the City to thoroughly evaluate staffing challenges, provide customized recommendations for parking technology and solutions, and offer full support in the installation and implementation of equipment and services. We have the resources and experience to help the Town manage the assist with hiring qualified parking staff, optimizing the parking program and policies, implementing parking program adjustments and enhancements, and providing critical engagement with the community to provide education, build consensus on policy changes, and promote long-term success of the parking program. Proposed Scope of Services The following work plan details the technical approach, methodology, specific tasks, and associated deliverables that our team will perform. DIXON | Program Management Support Services - Los Gatos Page 2 of 3 Task 1. Interim Parking Coordinator Services DIXON will serve as the interim Parking Coordinator to support the Town’s parking operations and program initiatives for a period of approximately seventeen (17) months, until August 31, 2025, with options to extend on a month-to-month basis. We will assign a dedicated Project Manager and who will work directly with the Parks & Public Works Director and other assigned Town staff to provide program management support for the Town’s parking programs and assist in implementing the Town’s immediate parking initiatives, including but not limited to, on- and off-street parking operations, residential parking permit fees, employee parking permit policy and related signage, coordinate community outreach and public engagement as necessary, and perform related work as assigned. DIXON is prepared to support, but not limited to, the following core services: •Assisting with the hiring process for a full-time Parking Coordinator position. •Optimization of the Town’s residential parking permits processes and developing recommendations for permit fee adjustments. •Employee permit program policy updates and related community outreach. •Ongoing implementation of the wayfinding program, including related signage enhancements in Downtown and Olive Zone areas. •Assessment of parking related signage, design, and painting and developing recommendations for adjustments or improvements as necessary. •Participate in Town Council meetings, as requested. •Coordinate public outreach, as required. Additionally, our team is prepared to support, but not limited to, the following projects as budget allows: •Evaluate the feasibility of alternative fees for residential parking permits, including low-income rates and potential discounts for households without off-street parking, as well as temporary visitor passes. •Evaluate the parking conditions adjacent to Los Gatos High School, including the Olive Zone and nearby residential parking areas and prepare recommendations to optimize the use of existing parking supply. •Assist with transition of parking permit management from the Police Department to Public Works. •Coach City staff on how to develop an internal measurement tool to assess ongoing program performance and effectiveness. •Implementation of parking congestion management strategies to manage parking demand. •Assisting with public outreach and education related to parking program updates. Task 1. Deliverables •Assign a Project Manager to serve as the single point of contact for overall communications and project coordination with the Town. DIXON | Program Management Support Services - Los Gatos Page 3 of 3 •Conduct a virtual project kickoff meeting and bi-weekly calls. •Assist in the hiring of a full-time Parking Coordinator. •Provide support for the Town’s overall parking program; our support will include the core services and will extend to the parking initiatives outlined in this proposal as budget allows. •Includes up to two (2) site visits per month. •Participate in Town Council meetings, as requested. Cost Proposal This cost proposal is based upon a program management model that will provide the Town with the direct support needed to ensure an efficient and optimized parking operation, especially for the long term. Our terms can be customized based upon the Town’s priorities. Our monthly program management pricing model is inclusive and adaptive. The rates presented below include all services necessary to accomplish the Town’s objectives, incorporate DIXON staff costs, and any travel/incidental expenses required to produce the deliverables under the contract. The Town will be invoiced monthly at one consistent flat monthly rate. We have supported many similar projects and understand the labor required to support your initial, ongoing, and developing parking program needs. This approach allows for flexibility, optimization, and convenience, regardless of the phase or task. Program Management Pricing The total, flat monthly rate is detailed below: Cost Estimate: DIXON Program Management Pricing Model Task Description Monthly Fixed Fee 1 Interim Parking Coordinator Services • Assign a Project Manager • Virtual project kickoff meeting and bi-weekly calls • Assist in the hiring of a full-time Parking Coordinator • Provide support for the Town’s overall parking program; our support will include the core services and will extend to the parking initiatives outlined in this proposal as budget allows • Includes up to two (2) site visits per month • Participate in Town Council meetings, as requested $9,938.53 Total Cost 17 months from Contract Date $168,955