Staff Report.Measure B EE-SR2S contract with attachmentsPREPARED BY: Ying Smith
Transportation and Mobility Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 6/15/2021
ITEM NO: 14
DATE: June 3, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Following Actions:
a.Authorize the Town Manager to Negotiate and Execute an Agreement
with Los Gatos-Monte Sereno Safe Routes to School in an Amount Not to
Exceed $60,000 for Providing Services Eligible Under 2016 Measure B;
b.Establish a New Project Named Measure B Bicycle and Pedestrian
Education & Encouragement Program (421-812-0134) in the Fiscal Year
2021/22 Capital Improvement Program (CIP) Budget and Authorize
Revenue and Expenditure Budget Adjustments of $98,344.
RECOMMENDATION:
Staff recommends that the Town Council authorize the following actions:
a.Authorize the Town Manager to negotiate and execute an agreement with Los Gatos-Monte
Sereno Safe Routes to School (SR2S) in an amount not to exceed $60,000 for providing
services eligible under 2016 Measure B;
b.Establish a new project named Measure B Bicycle and Pedestrian Education &
Encouragement Program (421-812-0134) in the Fiscal Year 2021/22 Capital Improvement
Program (CIP) Budget and authorize revenue and expenditure budget adjustments of
$98,344.
BACKGROUND:
The Santa Clara Valley Transportation Authority (VTA)’s 2016 Measure B Program provides
funding to local agencies for bicycle and pedestrian education and encouragement (E&E)
activities. This sub-category, known as the Bike/Pedestrian E&E Program, covers the
development and distribution of materials that are designed and intended to satisfy the
following goals within the local agencies: (i) promote, educate, and/or encourage safe walking
or bicycling for residents or visitors of every age and ability; (ii) communicate to residents and
PAGE 2 OF 3
SUBJECT: Measure B Bicycle and Pedestrian Education & Encouragement Program
DATE: June 3, 2021
visitors the benefits of walking and bicycling; and (iii) communicate to school children,
residents, and visitors the rights and responsibilities of pedestrians, bicyclists, and motorists.
BACKGROUND (continued):
At its February 19, 2019 meeting, the Town Council authorized the Town Manager to enter into
various Measure B agreements with the VTA. On November 26, 2019 the Town Manager
executed the Bicycle & Pedestrian Education and Encouragement Program Agreement
(Attachment 1). Said Agreement identifies the eligible use of funds, VTA’s and Town’s
obligations, maximum funding allocations, and other terms and conditions. The initial term of
the VTA Agreement was from July 1, 2019 until June 30, 2021 and included two optional
extension periods which resulted in the Agreement running through June 30, 2025. The
funding allocation to the Town is calculated based on the total sales tax receipt and the Town’s
population. The allocation to the Town in Fiscal Years 2018/19 through 2021/22 is $24,586
annually and the cumulative amount through Fiscal Year 2021/22 is $98,344.
DISCUSSION:
The Town has an established partnership with the Los Gatos‐Monte Sereno Safe Routes to
School (SR2S) in promoting and encouraging biking and walking to school-age children. The
SR2S proposed a program of projects that is eligible under the Measure B Bike/Pedestrian E&E
Program and aligns with the Town’s strategic priority of Transportation Demand Management.
SR2S is in a unique position to implement education and encouragement program and services
to the target users, school-age children, and has an established relationship with the schools,
the parents, and students. The details of the program of projects are included as Exhibit A to
the draft agreement in Attachment 2. The cost of the proposed SR2S program of projects is
approximately $10,000 annually. Staff estimated that the total cost in the proposed term in the
agreement, through June 30, 2025, would be no greater than $60,000.
CONCLUSION:
Staff recommends approval of the contract agreement in an amount not to exceed $60,000 to
deliver eligible services per the Funding Agreement with the VTA for the Bike/Pedestrian E&E
Program.
COORDINATION:
This report was coordinated with the Town Attorney’s Office and Finance Department.
PAGE 3 OF 3
SUBJECT: Measure B Bicycle and Pedestrian Education & Encouragement Program
DATE: June 3, 2021
FISCAL IMPACT:
The budget adjustments would add $98,344 to the Fiscal Year 2021/22 Capital Improvement
Program, which would provide sufficient funds for the contract.
Measure B Bicycle and Pedestrian
Education & Encouragement Program
Project 421-812-0134
Budget Costs
Grant Fund (Measure B) $ 98,344
Total Project Budget $ 98,344
Proposed Contract (SR2S) $ 60,000
Project Costs Committed $ 60,000
Available Balance $ 38,344
ENVIRONMENTAL ASSESSMENT:
The requested actions are not considered a project defined under CEQA, and no further action
is required.
Attachments:
1.Measure B Bicycle & Pedestrian Education and Encouragement Program Agreement
2.Draft Agreement with Los Gatos-Monte Sereno Safe Routes to School
This Page Intentionally Left Blank
AGR 19. ZZO
IHH
FUNDING AGREEMENT
BETWEEN
THE TOWN OF LOS GATOS
AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION and ENCOURAGEMENT PROGRAM
THIS AGREEMENT (" AGREEMENT") is between the TOWN OF LOS GATOS, referred to herein as
RECIPIENT", and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to herein as "VTA".
Hereinafter, RECIPIENT and VTA may be individually referred to as "PARTY" or collectively referred to as
PARTIES".
I. RECITALS
1. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure
before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent
retail transaction and use tax ("2016 MEASURE B") for 30 years for nine transportation -related
program categories; and
2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30
years to pay for the nine transportation -related program categories; and
3. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program
PROGRAM") and adopted the 2016 Measure B Program Category Guidelines; and
4. Whereas, the PROGRAM includes a Bicycle & Pedestrian program category ("BIKE/PED CATEGORY')
to fund bicycle and pedestrian projects and educational programs; and
5. Whereas, the BIKE/PED CATEGORY consists of three sub -categories, including the education &
encouragement program ('BIKE/PED E& E PROGRAM");
6. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection,
beginning April 1, 2017, and continuing through March 31, 2047; and
7. Whereas, VTA and RECIPIENT desire to specify herein the terms and conditions under which the
BIKE/PED E&E PROGRAM funds will be administered to RECIPIENT by VTA as directed by the VTA
Board of Directors.
NOW, THEREFORE, the PARTIES agree as follows:
Rev 10/2019 Page 1 of 10
ATTACHMENT 1
II. AGREEMENT
1. BIKE/PED E&E PROGRAM CATEGORY
The BIKE/PED E&E PROGRAM covers activities and the development and distribution of materials that
are designed and intended to satisfy the following goals within the RECIPIENT'S jurisdiction (i)
promote, educate, and/or encourage safe walking or bicycling for residents or visitors of every age
and ability; (ii) communicate to residents and visitors the benefits of walking and bicycling; and (iii)
communicate to school children, residents, and visitors the rights and responsibilities of pedestrians,
bicyclists, and motorists.
2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on July 1, 2019, and continue until (i) June 30, 2021, or
ii) until all BIKE/PED E&E PROGRAM funds allocated to RECIPIENT through June 30, 2021 under this
AGREEMENT have been expended entirely, whichever occurs later.
At VTA's sole option, VTA may extend the term of this AGREEMENT for two 2-year periods as follows:
Option Period 1: July 1, 2021, through June 30, 2023, or until all BIKE/PED E&E PROGRAM funds
allocated to RECIPIENT through June 30, 2023, under this AGREEMENT have been expended
entirely, whichever occurs later.
Option Period 2: July 1, 2023, through June 30, 2025, or until all BIKE/PED E&E PROGRAM funds
allocated to RECIPIENT through June 30, 2025, under this AGREEMENT have been expended
entirely, whichever occurs later.
VTA may exercise these options by providing written notice to RECIPIENT at least 30 days prior to the
expiration of the then -current term.
3. ELIGIBLE USE OF FUNDS
RECIPIENT must use RECIPIENT's allocated BIKE/PED E&E PROGRAM funds for the following
activities/projects (each, an "E&E PROJECT"), provided, however, that RECIPIENT must obtain VTA's
prior written approval for such E&E PROJECT (VTA approval must be given by the person identified
below in Section 8(d), or his/her designee):
a. Organization and implementation of K-12 Safe Routes to Schools programs and activities.
b. Organization and implementation of Vision Zero programs. Vision Zero is defined by the
Vision Zero Campaign as the "Strategy to eliminate all traffic fatalities and severe injuries,
while increasing safe, healthy, equitable mobility for all", which definition is adopted
herein for purposes of this AGREEMENT.
c. Organization and implementation of open streets events. "Open streets events" are
defined by the Open Streets Project (an advocacy project and collaboration between 8 80
Cities and Street Plans "Programs that temporarily open streets to people by closing them
to cars" , which definition is adopted herein for purposes of this AGREEMENT.
Rev 10/2019 Page 2 of 10
d. Creation and implementation of marketing to encourage mode shift towards active
transportation.
e. Development and distribution of maps that promote places to walk or bike
f. Education of walking and bicycling skills to adults and children.
g. Working with law enforcement officials to ensure common understanding and consistent
application among law enforcement officials of traffic laws related to biking and walking.
h. Organization and implementation of broad or targeted safety campaigns to promote safe
driving, walking, and bicycling behavior.*
i. Creation and distribution of marketing materials to encourage safe walking, biking, and
driving.*
j. Purchase and distribution of bicycle helmets, lights, reflective vests, or other
bicycle/pedestrian safety equipment to be used in education/encouragement activities
k. Purchase and distribution of incentives for education/encouragement activities.
I. Organization and implementation of crosswalk stings or other activities that educate
roadway users on traffic laws. Crosswalk stings are activities conducted by law
enforcement to educate the public about crosswalk right of way laws that may or may
not include citations.
m. Organization and implementation of special community events focused on achieving the
BIKE/PED E&E PROGRAM goals described in Section 1. BIKE/PED E&E PROGRAM
CATEGORY, such as community rides or walks.
n. Energizer stations and other Bike to Work Day activities.
o. Implementation of valet bicycle parking.
p. Community -based bicycle/pedestrian surveys of facilities and surrounding areas to learn,
observe, and identify bicycle and pedestrian hot spots.
q. Any other program or activity approved by VTA in writing.
Any safety campaign or public service announcement targeted to motorists must focus on safe,
responsible, and respectful motorist interactions with pedestrians and bicyclists.
RECIPIENT is permitted to use the BIKE/PED E&E PROGRAM funds allocated hereunder for direct costs
and staff time costs incurred by RECIPIENT to support E&E PROJECTS. RECIPIENT is permitted to use
the BIKE/PED E&E PROGRAM funds allocated hereunder for the costs incurred for evaluation of the
E&E PROJECTS (as required under Section 4. EVALUATION REQUIREMENTS).
Notwithstanding any other provision of this AGREEMENT, RECIPIENT is not permitted to use BIKE/PED
E&E PROGRAM funds allocated hereunder for capital improvements.
E&E PROJECTS may be targeted and limited to specific demographics (e.g. school children, seniors,
people with disabilities, etc.) to the extent not prohibited by applicable law.
Only BIKE/PED E&E PROGRAM costs incurred by RECIPIENT on or afterJuly 1, 2017, will be eligible for
reimbursement.
4. EVALUATION REQUIREMENTS
RECIPIENT must identify (i) the project reach and scale of each E&E PROJECT and (ii) one or more
metric(s) that will be measured to evaluate whether the goal is achieved. The frequency and schedule
of each E&E PROJECT evaluation must also be identified by RECIPIENT and approved by VTA.
Rev 10/2019 Page 3 of 10
Examples of acceptable metrics are set forth in Attachment A.
5. MAXIMUM FUNDING ALLOCATIONS
a. RECIPIENT's maximum funding allocation for each fiscal year, starting July 1, 2017, will be based
upon the VTA Board of Directors Adopted Biennial Budget for the BIKE/PED E&E PROGRAM and
the annual fund distribution formula described below.
b. The BIKE/PED E&E PROGRAM annual fund distribution formula is calculated every two fiscal years
in line with VTA's budget cycle; a fiscal year begins July 1 and ends June 30) and is based on the
following:
First, at the same time that VTA plans and finalizes its budget for the two upcoming
fiscal years, the VTA Board of Directors determines the allocation of 2016 MEASURE B
funds for the two upcoming fiscal years.
ii. Second, the VTA Board of Directors determines the amount of 2016 MEASURE B funds
to be allocated amongst the PROGRAM categories and subcategories, including the
BIKE/PED E&E PROGRAM category.
iii. Third, each city's percentage share ("CITY PERCENTAGE SHARE") and the County of
Santa Clara's percentage share ("SCC PERCENTAGE SHARE") of the total population of
Santa Clara County, California (including unincorporated areas) (according to the then
most current California Department of Finance's annual population estimates (Report
E-1, or any successor report)) (TOTAL SCC POP) is calculated by dividing the city's or
County of Santa Clara's (as applicable) total population by the total population of all of
Santa Clara County and multiplying the result by 100.
iv. Fourth, an allocation is made to VTA and the County of Santa Clara for countywide (with
respect to Santa Clara County) BIKE/PED E&E PROGRAM activities ("COUNTYWIDE
ACTIVITIES").
Fifth, the 2016 MEASURE B funds remaining for the BIKE/PED E&E PROGRAM category
allocation are calculated by deducting the amount allocated for COUNTYWIDE
ACTIVITIES in (iv) immediately above from the total BIKE/PED E&E PROGRAM category
allocation ("REMAINING FUNDS").
vi. Sixth, each CITY PERCENTAGE SHARE is multiplied by the REMAINING FUNDS to
determine the dollar amount that would be allocated to each city based on their CITY
PERCENTAGE SHARE; however, no allocation is yet made at this step. Cities that would
receive less than $10,000 as a result of the calculation described in this section (vi) will
be identified ("LOW POP CITIES").
Rev 10/2019 Page 4 of 10
vii. Seventh, each city is allocated $10,000 ("10K ALLOCATIONS"). LOW POP CITIES will not
be allocated any additional funds beyond the 10K ALLOCATIONS made allocated to each
city as described in this section (vii).
viii. Eighth, the modified REMAINING FUNDS are calculated by subtracting the cumulative
total of all 10K ALLOCATIONS from the REMAINING FUNDS ("MOD REMAINING
FUNDS").
ix. Ninth, a modified Santa Clara County population is calculated by deducting the
cumulative populations attributed to the County of Santa Clara (unincorporated areas
of Santa Clara County) and all LOW POP CITIES from the TOTAL SCC POP ("MODIFIED
POPULATION").
x. Tenth, a modified population percentage share ("MOD CITY PERCENTAGE SHARE") is
calculated for all cities that are not LOW POP CITIES ("NON -LOW POP CITIES") by
dividing the NON -LOW POP CITY's total population by the MODIFIED POPULATION and
multiplying the result by 100.
xi. Eleventh, each NON -LOW POP CITY's MOD CITY PERCENTAGE SHARE is multiplied by
the MOD REMAINING FUNDS to calculate the NON -LOW POP CITY's additional
allocation of 2016 MEASURE B funds for the BIKE/PED E&E PROGRAM category. This
allocation will be made in addition to the 10K ALLOCATION described above.
c. RECIPIENT's allocations are subject to change based on variations in annual population and actual
2016 MEASURE B receipts for prior fiscal years.
d. BIKE/PED E&E PROGRAM allocations may remain unspent for a maximum of three fiscal years,
provided that (i) RECIPIENT provides VTA with a satisfactory explanation for why the allocation is
not being spent and (ii) VTA provides RECIPIENT with written approval for such explanation.
At the end of the fourth fiscal year, allocations that were unspent for all four fiscal years will be
returned by VTA to the pool of 2016 MEASURE B funds allocated to the BIKE/PED E&E PROGRAM
category for redistribution in the next allocation cycle pursuant to the formula above.
e. All funds will be available to RECIPIENT on a reimbursement basis only.
6. VTA's OBLIGATIONS
VTA will:
a. Annually update the BIKE/PED E&E PROGRAM formula to reflect the most current populations
based on the California Department of Finance's annual population estimates (Report E-1, or
any successor report). VTA shall use the updated BIKE/PED E&E PROGRAM allocation formula
in the allocations beginning July 1 immediately following each VTA budget cycle.
b. Annually report to the public the amount of BIKE/PED E&E PROGRAM revenues allocated and
distributed to RECIPIENT.
Rev 10/2019 Page 5 of 10
c. Annually report to the public a summary of E&E PROJECT evaluation metrics submitted by
RECIPIENT, as required in Section 4. EVALUATION REQUIREMENTS.
d. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using
approved metrics and data provided by RECIPENT (pursuant to Section 4. EVALUATION
REQUIREMENTS) related to RECIPIENT's E&E PROJECT(s).
e. Biennially, or however frequently as VTA determines is appropriate based upon the number
of ongoing E&E PROJECTS, report to the public the effectiveness of the BIKE/PED E&E
PROGRAM based on the assessment described immediately above in Section 6(d).
f. Remit the amount due to the RECIPIENT under an invoice within thirty (30) calendar days of
receipt of a complete and proper, fully documented invoice complying with the requirements
set forth herein.
7. RECIPIENT's OBLIGATIONS
RECIPIENT will:
a. Ensure that all 2016 MEASURE B funds are expended on only allowable BIKE/PED E&E
PROGRAM expenditures as described above in Section 3. ELIGIBLE USE OF FUNDS.
b. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT's proposed
work program for the BIKE/PED E&E PROGRAM, in which RECIPIENT will set forth proposed
E&E PROJECTS, and develop all such E&E PROJECTS that are approved by VTA as eligible.
RECIPIENT's proposed metrics and frequency of E&E PROJECT evaluation must be included
with the proposed work program (see Section 4. EVALUATION REQUIREMENTS); VTA must
provide approval of these proposed metrics and the frequency of evaluation.
c. Annually submit to VTA, by October 11t of each year, a summary of the prior fiscal year's
completed E&E PROJECTS.
d. Submit to VTA, on a frequency as approved by VTA, the evaluation of the completed E&E
PROJECT pursuant to Section 4. EVALUATION REQUIREMENTS.
e. If applicable, annually submit to VTA, by October 1" of each year, an explanation of why no
BIKE/PED E&E PROGRAM funds are planned for expenditure during the upcoming fiscal year.
f. Annually complete and submit to VTA, by October 1" of each year, any accompanying
reporting requirements for the BIKE/PED E&E PROGRAM.
g. Submit to VTA all records including contractors' invoices, miscellaneous invoices, and force
account charges as substantiation for invoices submitted to VTA for reimbursement
hereunder.
h. Maintain financial records, books, documents, papers, accounting records, and other
evidence pertaining to costs related to this AGREEMENT for five (5) years. RECIPIENT shall
Rev 10/2019 Page 6 of 10
make such records available to VTA upon VTA's written request for review and audit
purposes. Financial audits will be performed at VTA's sole discretion.
i. Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible E&E
PROJECT costs (see Section 3. ELIGIBLE USE OF FUNDS). RECIPIENT must submit invoices
within one year of the date RECIPIENT incurs the cost submitted on the invoice for
reimbursement (unless otherwise approved by VTA in writing).
S. GENERAL TERMS AND CONDITIONS
a. Indemnity. Neither VTA nor any officer or employee thereof will be responsible for any
damage or liability arising out of or relating to RECIPIENT's acts or omissions under or in
connection with any work, authority, or jurisdiction associated with this AGREEMENT.
RECIPIENT shall fully defend, indemnify, and save harmless VTA from any liability imposed for
injury (as defined by California Government Code §810.8) arising out of or relating to
RECIPIENT's acts or omissions under or in connection with any work, authority, orjurisdiction
delegated to RECIPIENT under this AGREEMENT. This provision will survive the termination or
expiration of this AGREEMENT.
b. Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless
made in writing and signed by both of the PARTIES hereto, and no oral understanding or
agreement not incorporated herein will be binding on any of the PARTIES hereto.
c. Entire Agreement. This AGREEMENT contains the entire understanding between VTA and
RECIPIENT relating to the subject matter hereof. This AGREEMENT supersedes any and all
other agreements which may have existed between the PARTIES, whether oral or written,
relating to the subject matter hereof. This AGREEMENT is binding upon each PARTY, their
legal representatives, and successors for the duration of the AGREEMENT.
d. Notices. Any notice which may be required under this AGREEMENT must be in writing, will
be effective when received, and must be given by personal service or certified mail to the
individuals at the addresses set forth below, or to such other address which may be specified
in writing by the PARTIES hereto.
VTA:
Marcella Rensi
Deputy Director, Grants & Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: marcella.rensi@vta.org
RECIPIENT:
Matt Morley, Director of Parks and Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Email: mmorley@losgatosca.gov
Rev 10/2019 Page 7 of 10
Written notification to the other PARTY must be provided, in advance, for changes in the
name or address of the individuals identified above.
The individual identified above for RECIPIENT is RECIPIENT's BIKE/PED E&E PROGRAM liaison
LIAISON"). The LIAISON will be (i) the liaison to VTA pertaining to implementation of this
AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E
PROJECTS.
e. Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that
each person whose signature appears hereon has been duly authorized and has the full
authority to execute this AGREEMENT on behalf of the entity that is a party to this
AGREEMENT.
No Waiver. The failure of either PARTY to insist upon the strict performance of any of the
terms, covenants and conditions of this AGREEMENT will not be deemed a waiver of any right
or remedy that either PARTY may have, and will not be deemed a waiver of either PARTY's
right to require strict performance of all of the terms, covenants, and conditions hereunder.
g. Dispute Resolution. If a question or allegation arises regarding (i) interpretation of this
AGREEMENT or its performance; or (ii) the alleged failure of a PARTY to perform, the PARTY
raising the question or making the allegation shall give written notice thereof to the other
PARTY. The PARTIES shall promptly meet in an effort to resolve the issues raised. If the
PARTIES fail to resolve the issues raised, alternative forms of dispute resolution, including
mediation, may be pursued by mutual agreement. It is the intent of the PARTIES to the
greatest extent possible to avoid litigation as a method of dispute resolution.
h. Severability. If any of the provisions of this AGREEMENT (or portions or applications thereof)
are held to be unenforceable or invalid by any court of competent jurisdiction, VTA and
RECIPIENT shall negotiate an equitable adjustment in the provisions this AGREEMENT with a
view toward effecting the purpose of this AGREEMENT, and the validity and enforceability of
the remaining provisions or portions or applications thereof will not be affected thereby.
Governing Law. The laws of the State of California will govern this AGREEMENT, as well as
any claim that might arise between RECIPIENT and VTA, without regard to conflict of law
provisions.
Venue. Any lawsuit or legal action arising from this AGREEMENT must be commenced and
prosecuted in the courts of Santa Clara County, California. RECIPIENT agrees to submit to the
personal jurisdiction of the courts located in Santa Clara County, California for the purpose of
litigating all such claims.
Signatures of PARTIES on following page.
Rev 10/2019 Page 8 of 10
IN WITNESS WHEREOF, VTA and RECIPIENT have executed this AGREEMENT as of the last date set forth
below.
Santa Clara Valley
Transportation Authority
Nuria I. Fernandez
General Manager/CEO
Date
Approved as to Form
Mega itsch
Staff ttorney II
RECIPIENT
Laurel Prevetti
Town Manager
Date
Rev 10/2019 Page 9 of 10
ATTACHMENT A
Example Evaluation Requirement Metrics
Project reach
o Hypothetical Example: Online media safety campaign had 10,000 unique views, resulting
in 2,000 people taking the "I will drive, walk, and bike safely and responsibly' pledge.
Mode shift
o Hypothetical Example: At the end of the school year, 200 bicycles were counted in the
bike cage, an increase of 20% over the number of bicycles counted at the beginning of
the year.
Behavior change
o Hypothetical Example: Individualized marketing packets were provided to 1,200
households. 200 households requested additional information. Before and after surveys
showed that 5% of households that requested additional information switched to biking,
walking, or taking transit more.
Safety improvements
o Hypothetical Example: After the crosswalk sting, motorists were observed yielding to
pedestrians 8 out of 10 times, an increase of 10% over the yielding rate before the
crosswalk sting. However, these rates decreased over time, suggesting that continued
events or infrastructure changes are needed to permanently improve driver behavior.
Community Engagement
o Hypothetical Example: At the end of five Train the Trainer events, of the 25 trainees, ten
agree to lead Safe Routes to School activities at their schools.
Rev 10/2019 Page 10 of 10
Page 1 of 7
Los Gatos-Monte Sereno Safe Routes to School (SR2S)
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 1st of January 2021, and is made by and between
TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Los Gatos-Monte Sereno
Safe Routes to School (SR2S), a 501(c)(3) (“Service Provider”), whose address is 17010 Roberts
Road, Los Gatos, CA 95032. This Agreement is made with reference to the following facts.
I.RECITALS
1.1 Town desires to engage Service Provider in a sole source procurement.
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 deliver eligible services per the Funding
Agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016
Measure B Bicycle & Pedestrian Education and Encouragement Program (Measure B E/E
Program).
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, which is hereby incorporated by reference and attached as
Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect July 1, 2021 through
June 30, 2025. Only eligible costs incurred on or after July 1, 2017 will be eligible for
compensation.
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.
ATTACHMENT 2
Page 2 of 7
Los Gatos-Monte Sereno Safe Routes to School (SR2S)
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 $60,000, inclusive of all costs.
Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be quarterly by invoice and shall be accompanied by a detailed
explanation of the work performed as necessary to support reimbursement of funds.
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.
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2.10 Independent Contractor. It is understood that the Service Provider, in the performance of
the work and services agreed to be performed, shall act as and be an independent
contractor and not an agent or employee of the Town. As an independent contractor
he/she shall not obtain any rights to retirement benefits or other benefits which accrue to
Town employee(s). With prior written consent, the Service Provider may perform some
obligations under this Agreement by subcontracting, but may not delegate ultimate
responsibility for performance or assign or transfer interests under this Agreement.
Service Provider agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Service Provider shall be compensated for
its costs and expenses in preparing for, traveling to, and testifying in such matters at its
then current hourly rates of compensation, unless such litigation is brought by Service
Provider or is based on allegations of Service Provider's negligent performance or
wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements
with any individual member of the Staff or management of the Town or its representatives
nor shall it enter into any such holdings or agreements. In addition, Service Provider
warrants that it does not presently and shall not acquire any direct or indirect interest
adverse to those of the Town in the subject of this Agreement, and it shall immediately
disassociate itself from such an interest, should it discover it has done so and shall, at the
Town's sole discretion, divest itself of such interest. Service Provider shall not knowingly
and shall take reasonable steps to ensure that it does not employ a person having such an
interest in this performance of this Agreement. If after employment of a person Service
Provider discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement Service Provider shall promptly notify
Town of this employment relationship, and shall, at the Town's sole discretion, sever any
such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subcontractors do and neither shall
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
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firm to an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Service Provider agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her and
his/her staff to an amount not less than one million dollars ($1,000,000)
combined single limit per accident for bodily injury and property damage.
iii. Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of
Service Provider, premises owned or used by the Service Provider.
ii. The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Service Provider's insurance
and shall not contribute with it.
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.
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Further, Service Provider shall ensure that all subcontractors employed by Service Provider
provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions of
the Service Provider, or any of the Service Provider's officers, employees, or agents or any
subcontractor.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Service Provider shall have the right to
terminate this agreement with or without cause by giving not less than fifteen days (15)
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:
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Los Gatos-Monte Sereno Safe Routes to School (SR2S)
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Los Gatos-Monte Sereno Safe Routes to
School (SR2S)
17010 Roberts Road
Los Gatos, CA 95032
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.
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IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public
Works
Service Provider, by:
Title
Approved as to Form:
_____________________________________
Robert Schultz, Town Attorney
Attest:
______________________________________
Shelley Neis, MMC, CPMC, Town Clerk
Town of Los Gatos
Measure B Bicycle & Pedestrian Education & Encouragement Program of Projects
*This schedule depicts the nature of the programs we will provide. Additions and deletions may occur.
** The programs will be provided primarily by volunteers
July 1, 2019 - June 30, 2025
Project Title Project Activities
Description
Project
Locations
Frequency Project Goals* Proposed Evaluation
Metrics*
Pre K Education 30 minutes of outdoor LGUSD Once a month ●To encourage children
to learn to ride bikes.
●Encourage parents to
teach kids bike skills.
●20 student participants
•Number of children
Opportunities: Learn on-bike training. elementary depending on participating
to Ride Balance
Bikes Using class time to introduce schools. participation
rates.
•Number of locations we
offer the program
balance bike curriculum to Local preschools. •Number of sessions
students. offered
Kindergarten Use a combination of a visual LGUSD 1 ●2 schools = Present to
25% of kindergarteners.
•Number of students
Pedestrian Training presentation and outdoor elementary presentation participating
crosswalk practice to teach schools. per •Number of schools
kindergarteners how to be kindergarten participating
more aware as a pedestrian. class at each
LGUSD school
per year.
Grade 1 - Advanced To build on the Kindergarten LGUSD 1 ●2 schools = Present to
25% of first graders.
•Number of students
Pedestrian Training Training by adding traffic flow elementary presentation participating
and more advanced traffic schools. per first grade •Number of schools
situations. In class visual class at each participating
presentation and playground. LGUSD school
per year.
Grade 2 - Scooter To build on Pedestrian LGUSD 1 ●1 school = Engage with •Number of students
Training and Traffic training with focus on scooter elementary presentation 15% of second graders.participating
Understanding safety and the schools. per school at •Number of schools
acknowledgment of traffic each LGUSD participating
flow. school per
Outdoor on-scooter training. year.
Grade 3 or 4-
Helmet Safety
Training
Middle school students
present the importance of
LGUSD
elementary
schools.
1 assembly
per LGUSD
school.
●2 Schools = 50% of 3rd
or 4th graders.
•Number of students
participating
EXHIBIT A
wearing a helmet and how to
properly fit it.
Indoor assembly.
•Number of schools
participating
Grade 4 -
Bike Rodeo
Practical outdoor on-bike
training for kids, showing
them various traffic situations
and how to best navigate
them.
LGUSD
elementary
schools.
1 Bike Rodeo
per school per
year.
4 Schools = 100% of 4th graders. • Number of students
that participate
(maintain current
participation levels )
•Number of schools that
participate
Develops a sense of
responsibility, confidence and
empowerment.
Grade 5 & 6 -
Middle School
Cycling Proficiency
Practical outdoor on-bike
training for kids.
Reviewing basic safety
manoeuvres and road riding.
Daves
Elementary
School - Monte
Sereno
Neighborhood
4 week course
-2 hours per
week.
10 students who graduate the
program.
1-2 courses offered.
•Number of students
that graduate the
program.
•Number of courses
offered.
Develops a sense of
responsibility, confidence and
empowerment.
Grade 7 & 8 - Train
the Trainer: Helmet
Safety
Train Middle school students
to teach elementary school
kids about the importance of
wearing helmets.
Fisher Middle
School -
Leadership Class
1-2 times per
year.
1-2 training sessions completed.
15 student participants.
•Number of students
that participate.
•Number of training
sessions completed.
Los Gatos High
School -
Implementation into
Life Fitness Course
High school students learn
about key elements of riding
on the roads.
On road experience on the
town roads navigating traffic.
Los Gatos High
School - Town of
Los Gatos
1 class per
week - 90
minutes.
Ongoing
class.
Number of students that
participate - 20-30
Total hours of education and
practical road experience - goal
is to keep cycling in the HS
curriculum
•Number of students
that participate
•Total hours of
education and practical
road experience
LCI training Encourage Town members to
obtain their Licensed Cycling
Instructor License through the
American League of Cyclists
to help expand our programs
going forward.
Los Gatos
Location.
3 classes, 4
hour per
class.
10 trained and licensed
community members.
Number of community
members trained and
licensed.
Educational Videos Online education on key areas
of concern in the community
regarding routes to school
and student transportation (
ie. key intersections, helmets,
bike route mapping, key bike
manoeuvres.)
LGUSD
newsletters and
website, SR2S
social media and
website.
Ongoing • 2 Videos.
• Develop a rollout procedure to
maximize views.
• Metrics to be developed along
with rollout procedure
Number of
students/families that
see videos.
Safety Lessons in a
Set Curriculum /
Lesson Plan (rainy
day/substitute
teacher plans)
Provide teachers/PE teachers
set curriculums to satisfy
learning initiatives and target
safety education using videos
& games- target elementary
school classes.
LGUSD Schools Ongoing 1-2 schools using the curriculum. • Number of schools
using the lesson plans
• Number of teachers
that use lesson plans
• Number of students
that participate in
lessons