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