Staff Report°wN 0F MEETING DATE: 01/19/16
ITEM NO:
COUNCIL AGENDA REPORT
DATE: JANUARY 11, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: BICYCLE AND PEDESTRIAN MASTER PLAN
A. ACCEPT A PARTNERSHIP TO IMPROVE COMMUNITY HEALTH (PICH)
GRANT FROM THE SANTA CLARA COUNTY HEALTH DEPARTMENT FOR
DEVELOPMENT OF A BICYCLE AND PEDESTRIAN MASTER PLAN (BPMP)
AND AUTHORIZE A BUDGET ADJUSTMENT IN THE AMOUNT OF $40,000
TO RECOGNIZE RECEIPT AND USE OF GRANT FUNDS.
B. AUTHORIZE THE TOWN MANAGER TO EXECUTE ALL GRANT
DOCUMENTS AND AGREEMENTS.
C. ACCEPT A CONTRIBUTION FROM THE CITY OF MONTE SERENO AND
AUTHORIZE A BUDGET ADUSTMENT IN THE AMOUNT OF $7,500 TO
RECOGNIZE RECEIPT AND USE OF THE FUNDS.
D. AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR
PREPARATION OF A BICYCLE AND PEDESTRIAN MASTER PLAN.
E. PROVIDE INPUT TO STAFF ON KEY COMMUNITY ISSUES TO BE
INCLUDED IN THE PROPOSED SCOPE OF SERVICES.
RECOMMENDATIONS:
1. Accept a Partnership to Improve Community Health (PICH) grant from the Santa Clara County
Health Department for development of a Bicycle and Pedestrian Master Plan (BPMP) and authorize
a budget adjustment in the amount of $40,000 to recognize receipt and use of grant funds.
2. Authorize the Town Manager to execute all grant documents and agreements (Attachment 2).
3. Accept a contribution from the City of Monte Sereno and authorize a budget adjustment in the
amount of $7,500 to recognize receipt and use of the funds.
4. Authorize the issuance of a Request for Proposals (RFP) for preparation of a Bicycle and Pedestrian
Master Plan.
5. Provide input to staff on key community issues to be included in the proposed scope of services.
PREPARED BY: MATT MORLEY
DIRECTOR OF PARKS AND PUBLI ORKS
Reviewed by:
Town Manager own Attorney inance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: BICYCLE AND PEDESTRIAN MASTER PLAN
JANUARY 11, 2016
BACKGROUND:
In July, the Parks and Public Works Department submitted an application to the Santa Clara County
Public Health Department for a Partnership to Improve Community Health (PICH) grant. The grant
application requested funding to retain a consultant with expertise in the development of BPMPs to
facilitate community outreach and engagement and prepare a Town BPMP.
In August, staff received notice from the County Public Health Department that the Town had been
awarded a $40,000 grant for development of a BPMP (Attachment 1). A key component of the success
of the grant proposal was the significant amount of successful community engagement the Town was
able to demonstrate through efforts such as the green bike lanes project, the Safe Routes to Schools
collaborative working group, the establishment of the Bicycle and Pedestrian Advisory Commission
(BPAC), school district partnerships, and especially the community forums held to focus on multi -modal
transportation and Complete Streets.
The Town of Los Gatos does not currently have an adopted Bicycle or Pedestrian Master Plan.
Development of a BPMP is identified as an Action Item in the Los Gatos General Plan (Transportation
Element Action TRA -11.1) and is a top strategic goal for the BPAC. Beyond providing a roadmap for
enhancing bicycle and pedestrian mobility throughout the Town, adoption of a BPMP is anticipated to
allow the Town to compete more successfully for a range of regional and State grant funds for bicycle
and pedestrian related improvement projects.
Development of a Town BPMP has been discussed at the Parks Commission, Transportation and
Parking Commission, and the BPAC. An informational presentation on the BPMP was made to the
BPAC on December 3, 2015. The BPAC Commissioners expressed enthusiasm for the plan and
specifically mentioned the importance of ongoing involvement of the schools as well as appreciation for
the participation of Monte Sereno. Monte Sereno has committed $7,500 to the program to ensure a
comprehensive plan includes both jurisdictions. The BPAC also encouraged staff to reach out to the
County (as was done with Monte Sereno) in recognition of the various County pockets that will benefit
from the plan.
An informational presentation to the Parks Commission was made on December 7, 2015. The Parks
Commission unanimously supported acceptance of the PICH grant and proceeding with the preparation
of a BPMP. The Commission also requested that the BPMP consider the needs of recreational and
casual bicyclists, in addition to commuters, by including bicyclists that use trails and bicycle facilities on
weekends or on a regional basis.
On December 10, 2015 a presentation on the BPMP was made to the Transportation and Parking
Commission. The T&P Commission also expressed support for development of a BPMP.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: BICYCLE AND PEDESTRIAN MASTER PLAN
JANUARY 11, 2016
DISCUSSION:
Since August, staff has been working with the County on the grant agreement and the draft RFP which
includes a preliminary scope of work (see Attachment 3). The proposed scope of work for the Town of
Los Gatos BPMP has been developed to meet the specific needs and desires of the Los Gatos
community, and would include the following key components:
• Review of existing Town bicycle and pedestrian related documents and initiatives, including
General Plan, Complete Streets, Safe Routes to Schools, etc.
• Review of other agency bicycle and pedestrian policies and plans for coordination opportunities
(VTA, Caltrans, Santa Clara County, Midpeninsula Regional Open Space District, Vision Zero,
neighboring cities).
• Guidance and recommendations regarding inclusion of California Streets and Highways Code
section 891.2 bicycle transportation plan elements and Caltrans' Active Transportation Program
(ATP) Active Transportation Plan components in the Town's BPMP.
• Inventory of key features of the bicycle and pedestrian network, including mapping of bicycle
and pedestrian facilities.
• Identification of gaps in existing bicycle and pedestrian network.
• Identification of opportunities to enhance the safety and accessibility of the bicycle and
pedestrian network.
• Bicycle and pedestrian collision analysis.
• Bicycle and pedestrian counts at key locations.
• Outreach including public workshops, commission presentations, social media presence.
• Coordination with Safe Routes to Schools.
• Development of recommended policies and programs.
• Identification of proposed capital projects.
• Identify locations where additional right-of-way and/or plan line adjustments may be needed to
accommodate improvements.
• Development of preliminary project and program cost estimates.
• Prioritization and phasing of projects and programs.
• Identification of funding sources.
• Environmental review (as necessary).
As part of this scoping effort, staff reached out to the City of Monte Sereno to see if there was interest in
actively participating in the BPMP effort, particularly in consideration of shared areas of concern
including bicycle and pedestrian access to Daves School and safety issues along Highway 9. In
response to staff s outreach, Monte Sereno has indicated an interest in participating in the BPMP and
has offered to contribute $7,500 toward the plan development process. This contribution is
proportionate to the amount of the workplan that affects Monte Sereno.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: BICYCLE AND PEDESTRIAN MASTER PLAN
JANUARY 11, 2016
CONCLUSION/NEXT STEPS:
Should Council approve acceptance of the grant and authorize the issuance of an RFP, proposals would
be due to the Town in mid-February 2016, with a recommended consultant agreement scheduled for
Council consideration in early April. Preparation of a final draft BPMP for Council consideration is
projected to take a minimum of nine months, given the expected amount of community outreach and
engagement along with active participation and presentations to the BPAC, Parks Commission and the
Transportation and Parking Commission. The tentative project schedule is shown below.
Tentative Project Schedule
Council Authorization to Issue RFP
January 19, 2016 .%
Issue RFP
January 21, 2016
Proposals Due
February 18, 2016
Rate Proposals and Conduct Interviews xvith
Highest Rated Pro osers
March 3, 2016
Council Ap ultant,Agreement
April 5, 2016
Notice to Proceed
May 2, 2016
Existing C`"'` �eAnalysis
I6�016
Bievele and Pedestrian Counts
May -June 2016
Gap _Analysis and Initial Project
Identification
Julyo-Sep 2016
Community Outreach and Public Mcctings
I July -Sep 2016
Draft Master Plan Complete
October 2016
Commission Presentations
Nov -Dec 2016
Council Approval of Final Master Plan
December 2016
ALTERNATIVES:
The Council could choose not to accept the grant and Monte Sereno's offer to participate in the BPMP,
and not authorize the issuance of an RFP. This is not recommended as staff does not have the in-house
capacity to complete a BPMP. Accepting the grant and Monte Sereno's contribution will help fund the
professional consultant services needed to complete this priority project.
COORDINATION:
This report has been coordinated with the Santa Clara County Health Department (Grantor), the City of
Monte Sereno, the Los Gatos/Monte Sereno Police Department, the Community Development
Department, the Finance Department, and the Office of the Town Attorney.
FISCAL IMPACT:
The cost of consultant and staff project management services to prepare a BPMP is estimated to be
$85,000 to $120,000. With the PICH Grant of $40,000 and a $7,500 contribution from Monte Sereno,
the additional funding required is estimated to range from $37,500 to $72,500. On May 19, 2014, the
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: BICYCLE AND PEDESTRIAN MASTER PLAN
JANUARY 11, 2016
FISCAL IMPACT (cont'd):
Town Council adopted Resolution 2014-017 approving an increase in Traffic Impact Mitigation Fees
along with an associated Traffic Mitigation Improvements Project List that identified $375,000 in
Mitigation Fee eligible costs for local bicycle improvements. Adequate funds are currently available in
the Traffic Impact Mitigation Fee Fund to provide the additional funding needed for this project. The
actual amount required for consultant services and staff project management will be provided to the
Council in conjunction with a recommended consultant services agreement. At that time, staff will
recommend a budget adjustment when actual costs are known, to use traffic mitigation funds to
supplement the PICH Grant funds and contribution from Monte Sereno.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA, and no further action is required. Subsequent
environmental assessment will be conducted in conjunction with the preparation of the BPMP and on a
project specific basis as projects identified in the BPMP are implemented.
Attachments:
1. Santa Clara County Grant Award Letter
2. Grant Agreement
3. Draft RFP
County of Santa Clara
Public Health, Departnwiit
Public Health Administration
976 Lerner Avenue, 2- Floor
:Sant,lose, CA 96126
408.792.5040
August 4, 2015
Award announcement for the Partnerships to Improve Community Health, Healthy Cities funding,
Mr. Matt Morley
Town of'Los Gatos
Los Gatos, CA
Dear Mr. Nforley:
The Santa Clara County Public llea#th Department(SCCPUD) is pleased to inform you that .we have selected
your city to receive funding from the Centers for Disease Control and Prevention's, Partnerships to lntprove
Community I lealth (PICT f) grant, for the period of October 1, 2015 September 29, 2016.
SCCPRD received I I appli"tions from cities, tvitlt a total t'etluest of $1,500,000. Hue to this unanticipated
response, tike are pleased to announce that we have been aide to increase the total amount of funding available
to 5350,000.
As wa , indicated, SCOP# ID used an evhhtation system when considering applications that included project
reach and scope, as well as impact of the proposed strategies. Award determinations are based on proposed
expenditures that are: 1) foutuded in policy, system and environmental improvement strategies; 2) appropriate to
the anticipated reach of the interventions; -and 3) Gd#o%wd under NO funding:
Based on the review ofyour scope of work and proposed budget, sCC'PHD is awarding your city $S40,000 to
accomplish the development of Bicycle and Pedestrian Master Plait in the Year 2 funding cycle, pending
discussions that the City is willing to implement the flan. All contracts with Cities will also tweed CDC
approval.
City contract rtegotiatiotns will staut Auguvt 10, 2015 with the intent of ha%'ing a contract executed by October 1,
2015., A member of the SCt'PH[) stelf will be if' conuic;t with pour city representative to schedule the first
round of negotiations.
We took forward to strungt#letting otir partnership with the Town of Los Gatos through our combined efforts to
build healthy, safe communities in Santa Clara County.
For additional information, please wntaet Jyll Stevens, Health Education Specialist at;
Jy#I.StnveitF�.�#:#rcl.scc ,rtv.or�;.
Sincerely,
i
Boston:e Broderick, it Pli
Senior Health Care Program Manager
Board sof Supervisorg, Mike Wasserman, Cindy Chovez, Dnve Cortese, Keit Yeager, S. Josv.ph Siiuitiall
County Executive: Jcftrey V. Smith
ATTACHMENT 1
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION I: GENERAL INFO►RMA.TION'
Contractor Name: Town of Los Gatos
(As Displayed In SAP)
Purchase Order Number:
...... _... _
Agency/Department Name: Public Health Department Department 0410
Number:
This Scope of Work is to accomplish, under the Partnerships to Improve Community Health
(PICH) grant, activities to support the focus areas of the PICH project. The Town of Los
Brief Description of Services: Gatos plans to participate in increasing access to opportunities for physical activity and
active transportation.
Maximum Financial Obligation
The maximum amount payable to this Contractor
under this agreement shall not exceed: $ 40,000.00
For County Use Only
Revision Date - July 2015 Page 1 of 13
ATTACHMENT 2
General
Cost
Internal
Account Plant
Ledger
Center Amount
WBS Order
Assignment Number
(Expense
(Dept
(Capital Project Code) ("PCA" code
:Code)..._.
Code) ..
optional)
Line 1
H 0410
5255500
2841 $40,000
FY16
Line 2
Select
Line 3
Select
Line 4
Select
Line 5
Select
Revision Date - July 2015 Page 1 of 13
ATTACHMENT 2
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION If: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person
listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served
either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.
Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3)
days after deposit in the mail Either party may designate a different person and/or address for the receipt
of notices by sending written notice to the other party, which shall not require an amendment to this
Agreement.
Contractor
Email Address *: bkass@losgatosca.gov
SCC Vendor Number: 5003$86
(As Assigned in SAP)
* To be completed for Independent Contractors Only — DO NOT COMPLETE. FOR DEPENDENTCONTRACTORS
County of Santa Clara
Agency/Department: Public Health Department
Program Manager/
Contract Monitor Name:
Street Address:..
City:
Joanne Seavey-Hultcluist
1400 Parkmoor Avenue, Suite 120E
San lose
Telephone Number: 408.793.2714
Fiscal Contact
(Accounts Payable Contact): Arleen Speidel
Contract Preparer: Bianca Jones
State: '; CA
Revision Date - July 2015 Page 2 of 13
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION1: `° AUTHORIZATION
It is agreed between County and Contractor that Contractor will, for the compensation described in this
Agreement, perform the work described in Section V in accordance with all terms and conditions of this
Agreement including all exhibits and attachments, in addition, County and Contractor assert that the tax
withholding status and benefit documentation (Section IV) accurately reflect the anticipated working
relationship between County and Contractor, Further, Independent Contractors shall comply with the
County's insurance and indemnification requirements. Contractor certifies that any applicable insurance
waiver information (Section V11, B) is true and correct. This Agreement may be executed in one or more
counterparts, each of which will be considered an original, but all of which together will constitute one
and the same instrument.
SIGNATURES
Contract is not valid until signed by Contractor and County's Authorized Representative.
Agency/Department Manager:
County Authorized Representative:
(Procurement Department, • President, Board of Supervisors; or Delegated Authority)
County Counsel: Date: '.
_.. _.
(Signature required when the Standard Provisions language (Section VI)
is revised, or for ITServices pursuant to Board Policy 5.3.5.2 (4), or for Board approved
contracts, or for contracts with Board delegated authority to agencies/departments.)
Please note: Attachments or exhibits that include additional terms and conditions, conflict with
the County's standard provisions or require risk assessment must be approved by County
Counsel.
Revision Date - July 2015 Page 3 of 13
0
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION IV: DETERMINATION of RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor's
eligibility for Medicare and Social Security, Public Employees' Retirement System benefits, and other
benefits and affects how the contractor files tax returns and the contractor's responsibility for various
federal and state taxes.
Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor
Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or leave
work, or when to take breaks? Do you have other employees performing similar work with a similar degree of No
supervision? If the answer to any of these questions is YES, select YES from the dropdown.
Training: Will the County instruct the contractor on how to do the job or pay for external training? No
Incomplete Work; Will the Contractor be able to resign or terminate the contract without being held either No
financially or legally liable for unfinished work?
Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and
No
tools to do the job, i.e. computers, telephones, etc?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or Na
functions— answer YES. When the contractor is hired to complete a specific project that was not the
regular tasks performed by County employees before— answer NO.
Other Customers: Does the County prevent the Contractor from performing similar services for other No
customers, either due to the amount of work (full-time), or by contractual provision?
Designation as Business Entity: If the Contractor has a business license or business certificate, or is a
corporation, nonprofit organization, or school district, select "No" from the dropdown. (This does not. No
pertain to professional licenses or certificates such as a license for a physician or architect.)
Enter below the business license number and the city/entity where issued.
Bus Lic. # Issued by:
Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If payment No
is by commission or based on project milestones or deliverables, answer "NO" to this question. Be sure this
answer matches the contract payment schedule in Section V.
Support Services: Will County employees or other independent contractors provide assistance to this yes
Contractor? Assistance is defined as clerical, technical or professional support
if at least 5 of the above questions were answered `"NO", Contractor is an Independent Contractor.
'✓i
If S or more of the above questions were answered "YES". Contractor is a Dependent Contractor, where the
relationship resembles that of employer/employee. Tax withholding is required and benefits are provided.
Complete and attach the following forms: Employee's Withholding Allowance Certificate—Federal Form W-4,
State Withholding, Form DE -4, Determining PERS Eligibility and PERS Member Action Request. Visit www.oba
for more information regarding Dependent Contractors. County insurance requirements do not apply to
Dependent Contractors.
Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the
contractor's tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and
liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.
Contractor's Initials: Dept. Fiscal Officer's Signature:
Revision Date - July 2015 Page 4 of 13
Or See Exhibit: A incorporated by this reference.
B. DELIVERABLES, MILESTONES, & TIMELINE FOR PERFORMANCE
Revision Date- July 2015 Page 5 of 13
Or r See Exhibit: A incorporated by this reference.
D. PAYMENT SCHEDULE
Notes:
■ All reimbursements for travel shall comply with the current County Travel Policy
■ Dependent contractors are not permitted to work in excess of 40 hours per week
Or f See Exhibit B,C incorporated by this reference.
s
Revision Date - July 2015 Page 6 of 13
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel
A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the
agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between
the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged
into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their
agents shall be valid or enforceable unless embodied in this Agreement.
B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.
_
C. CONFLICTS OF INTEREST
- .._...... .._.
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance
of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without
limitation, California Government Code section 1090 et seq., the California Political Reform Act (California Government Code
section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this
Agreement and is grounds for immediate termination of this Agreement by the County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or
indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement.
Contractor further covenants that, in the performance of this Agreement, it will not employ any contractor or person having
such an interest. Contractor, including but not limited to contractor's employees and subcontractors, may be subject to the
disclosure and disqualification provisions of the California Political Reform Act of 1974 (the "Act"), that (1) requires such
persons to disclose economic interests that may foreseeably be materially affected by the work performed under this
Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially
affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement; Contractor shall, upon execution of this Agreement, provide the County with the names, description of individual
duties to be performed, and email addresses of all individuals, including but not limited to Contractor's employees, agents
and subcontractors, that could be substantively involved in "making a governmental decision" or "serving in a staff capacity
and in that capacity participating in making governmental decisions or performing duties that would be performed by an
individual in a designated position," (2 CCR 18701(a)(2)), as part of Contractor's service to the County under this Agreement.
Contractor shall immediately notify the County of the names and email addresses of any additional individuals later assigned
to provide such service to the County under this Agreement in such a capacity. Contractor shall immediately notify the
County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to
the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they are
subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (A)
including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this
Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.
D. GOVERNING LAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the
State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent
of the other party.
Revision Date - July 2015 Page 7 of 13
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACC CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (1S U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to
the County pursuant to this Agreement.
G. WAILER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to
that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly
stated.
H. NON-DISCRIMINATION
v
Standard Non -Discrimination language
Contractor shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's
policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the
following; Title VII of the Civil Rights Ret of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act
of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and
California labor Code sections 1101 and 1102. Contractor shall not discriminate against any subcontractor, employee, or
applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation,
mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the
recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or
other forms of compensation. Nor shall Contractor discriminate in provision of services provided under this contract because
of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability,
medical condition, political beliefs, organizational affiliations, or marital status.
-OR-
Alternate Non -Discrimination Language Attached As Exhibit , incorporated by this reference.
(Requires County Counsel Approval)
I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience of the County. The
notice shall specify the effective date and the scope of the termination. In the event of termination, Contractor shall deliver to County all
documents prepared pursuant to the Agreement, whether complete or incomplete. Contractor may retain a copy for its records. Upon
receipt of the documents, Contractor shall be compensated based on the completion of services provided, as solely and reasonably
determined by County.
1:
Alternate Termination Language Attached As Exhibit incorporated by this reference.
(Requires County Counsel Approval)
J. BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered by this
Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the County has the
option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to this
Agreement indicating the reduced amount
K. COUNTY NO -SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County's No -Smoking Policy, as set forth in the Board of
Supervisors Policy Manual section 3.47 (as amended from time to timeZw,hich prohibits smoking. (1) at the Santa Clara Valley Medical
Revision Date - July 2015 Page 8 of 13
0
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Center Campus and all County -owned and operated health facilities, 2 within 30 feet surrounding County -owned buildings and leased
buildings where the County is the sole occupant, and (3) in all County vehicles.
L. FOOD AND BEVERAGE STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or
beverages purchased by Contractor with County funds for County -sponsored meetings or events.
If food is to be provided, healthier food options shall be offered. "Healthier food options" include (1) fruits, vegetables, whole
grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods
prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever
possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3)
attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients
for items served. If meals are to be provided, a vegetarian option shall be provided, and the Contractor should consider
providing a vegan option. if pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of
calories from fat unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated !
fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and
vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
If beverages are to be provided, beverages that meet the County's nutritional criteria are (1) water with no caloric
sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3)
unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant -derived milk (e.g., soy milk, rice
milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a
maximum of 8 ounces per container); and (6) other low -calorie beverages (including tea and/or diet soda) that do not exceed
40 calories per 8 ounce serving. Sugar -sweetened beverages shall not be provided.
M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit
per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees
fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply with all applicable federal,
state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3)
provide to the County copies of any financial audits that have been completed during the term of the contract, (4) upon the
County's request, provide the County reasonable access, through representatives of the Contractor, to facilities, financial and
employee records that are related to the purpose of the contract, except where prohibited by federal or state laws,
regulations or rules.
N. CALIFORNIA PUBLIC RECORDS ACT
All proposals become the property of the County, which is a public agency subject to the disclosure requirements of the
California Public Records Act ("CPRA"). If Contractor's proprietary information is contained in documents submitted to
County, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor shall clearly mark
such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the
event of a request for such information, the County will make best efforts to provide notice to Contractor prior to such
disclosure. If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is
required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County
before the County responds to the CPRA request If Contractor fails to obtain such a remedy before the County responds to
the CPRA request, County may disclose the requested information.
Contractor further agrees that is shalt defend, indemnify and hold the County harmless against any claim, action or litigation
(including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA
request for information arising from any representation, or any action (or inaction), by the Contractor.
O. THIRD PARTY BENEFICIARIES
This agreement does not and is not intended to, confer any rights or remedies upon any person or entity other than the
parties.
P. INTELLECTUAL PROPERTY RIGHTS:
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement the term
"Deliverables" shall mean any documentation and deliverables created by Contractor during the performance of services that
are identified in this Agreement Contractor hereby assigns to the County all rights, title and interest in and to any and all
intellectual property whether or not patentable or registrable under patent copyright, trademark or similar statutes, made or
conceived or reduced to practice or learned by Contractor, either alone or jointly with others, during the period of
Contractor's agreement with the County or result from the use of premises leased, owned or contracted for by the County.
Revision Date - July 2015 Page 9 of 13
D
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly with
others) within the scope of this Agreement and which are protectable by copyright are 'works made for hire," as that term is
defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County. Contractor agrees that
the County will be the copyright owner in all copyrightable works of every kind and description created or delivered by
Contractor, either solely, or jointly with others, in connection with any agreement with the County.
Q. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the effective date
of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables and/or services
provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County harmless against any claim,
action or litigation (including but not limited to all judgments, casts, fees, and reasonable attorney's fees) by a third party
alleging the Deliverables and/or services provided pursuant to this Agreement infringe upon any intellectual property rights
of third parties. This indemnity and duty to defend is in addition to and does not supersede the requirements stated in VII of
this agreement.
. ........
R. OWNERSHIP RIGHTS TO MATERIALS / RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder, including but
not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative works, patent, copyright,
trademark, trade secret or other proprietary rights associated therewith (collectively "Deliverables"), shall be the sole and
exclusive property of the County. To the extent Contractor owns or claims ownership rights to said Deliverables, Contractor
hereby expressly assigns all said rights, title, and interest in and to the Deliverables to the County pursuant to the terms and
conditions of this Agreement and at no additional cost. The County has the exclusive royalty -free irrevocable right to
duplicate, publish or otherwise use for any purpose, all materials prepared under this Agreement. If Contractor wishes to use
the materials prepared hereunder for any purpose including but not limited to promotional, educational or commercial
purposes, the Contractor shall obtain prior written authorization from the County, which consent may be withheld by the
County in its sole discretion. Contractor acknowledges that all original works of authorship which are made by Contractor
(solely or jointly with others) within the scope of this Agreement and which are protectable by copyright are "works made
for hire," as that term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to Co unty.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and description
created or developed by Contractor, solely or jointly with others, in connection with any agreement with the County. If
requested to, and at no further expense to the County, Contractor will execute in writing any acknowledgments or
assignments of copyright ownership of such copyrightable works as may be appropriate for preservation of the worldwide
ownership in the County and its nominees of such copyrights. This section shall apply to the extent not otherwise provided
under this agreement
S. COUNTY DATA
"County Data" shall mean data and information received by Contractor from County. As between Contractor and County, all
County Data shall remain the property of the County. Contractor shall not acquire any ownership interest in the County Data.
Contractor shall not, without County's written permission consent, use or disclose the County Data other than in the
performance of its obligations under this Agreement Contractor shall be responsible for establishing and maintaining an
information security program that is designed to ensure the security and confidentiality of County Data, protect against any
anticipated threats or hazards to the security or integrity of County Data, protect against unauthorized access to or use of
County Data that could result in substantial harm or inconvenience to County or any end users; and ensure the proper
disposal of County data upon termination of this Agreement. Contractor shall take appropriate action to address any incident
of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized
access, notifying County as soon as possible of any incident of unauthorized access to County Data, or any other breach in
Contractor's security that materially affects County or end users; and be responsible for ensuring compliance by its officers,
employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally
protected County Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state
laws and regulations, including but not limited to California Civil Code Sections 1798.29 and 1798.82 at Contractor's sole
expense (if applicable). Contractor shall not charge the County for any expenses associated with Contractor's compliance
with the obligations set forth in this section.
T. WAGE THEFT PREVENTION
(1) Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this
Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are
not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or
Living Wage ordinance.
(2) Final Judgtg-ents.. Decisions. and Orders; For purposes ofthis Section, a "final judgment, decision, or order" refers to one
for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department of
Revision Date - July 2015 Page 10 of 13
0
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Labor, the California Divi11 sion a€Labor Standards Enforcement, a local enforcement agency, -or any other government entity
tasked with the investigation and enforcement of wage and hour laws.
(3) Prior judgments againet Contractor and/or its Subcontractors: BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS
THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY
GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT—THAT CONTRACTOR OR
ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.
CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH—OR HAS
REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH
JUDGMENTS, DECISIONS, OR ORDERS,
(4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government
agency issues a final judgment, decision, or order finding that Contractor or any subcontractor it employs to perform work
under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or
order that was not previously disclosed, Contractor must inform the Office of the County Executive -Office of Countywide
Contracting Management (OCCM), no more than 15 days after the judgment decision, or order becomes final or of learning of
the final judgment, decision, or order. Contractor and its subcontractors shall promptly satisfy and comply with any such
judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of
compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. `Phe
County reserves the right to require Contractor to enter into an agreement with the County regarding the manner in which
any such final judgment, decision, or orderwill be satisfied.
(5) Co uri sRight to Withhold PayMgn•-t: Where Contractor or any subcontractor it employs to perform work under this
Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court
or government agency, the County reserves the right to withhold payment to Contractor until such judgment, decision, or
order has been satisfied in full.
(b) Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement, Such
breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement
and/or law.
(7) Notice e_ to County Related to Wage Theft Prevention: Notice provided to the Office of the County Executive as required
under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th
Floor, San Jose, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this
Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
U. PAYMENT TERM
The parties agree that the payment term shall be the term selected below and payment shall be due in accordance with
the selected payment term. For example, if Contractor selects 2.25% 10 Net 45 as the payment term, payment shall be
due 10 days from the date the County approves the invoice, instead of 45 days, and the County shall take a discount of
2.25% of the total amount of the invoice. Payment is deemed to have been made on the date the County mails the
warrant or initiates the electronic fund transfer.
2.2501010 Net 4S (provides 35 days ofcash acceleration)
2.00% 15 Net 45 (provides 30 days of cash acceleration)
...... ....
1.75010 20 Net 45 (provides 25 days of cash acceleration)
1.33% 25 Net 45 (provides 20 days of cash acceleration)
_ 1.00% 30 Net 45_
(provides 15 days of cash acceleration)
l ✓ Net 45 (full payment) -
Note: Payment term will default to "Net 45 (full payment)", if no other term was selected.
Notwithstanding the option selected above, the parties agree that at any time during the contract term, either party
may initiate an early payment discount on an invoice -by -invoice basis utilizing the Dynamic Discounting functionality
of the Ariba Network. Contractor must have a registered account on the Ariba Network to utilize this functionality.
V. CONTRACT EXECUTION _
Unless otherwise prohibited bylaw or County policy, the parties agree that an electronic copy of a signed contract, or an
electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The
term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of
a copy of an original signed contract in a portable document format The term "electronically signed contract" means a
contract that is executed by applying an electronic signature usingLtechnology approved by the County.
Revision Date - July 201S Page 11 of 13
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
W. LIVING WAGE (If Applicable)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with the
County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of
Santa Clara Ordinance Code Division B36 ("Division B36") and Board Policy section 5.5.5.5 ("Living Wage Policy"), and their
subcontractors, where the contract value is $100,000 or more ("Direct Services Contract"), must comply with Division B36
and the Living Wage Policy and compensate their employees in accordance with Division B36 and the Living Wage Policy.
Compliance and, compensation for purposes of this provision includes, but is not limited to, components relating to fair
compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local
hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violates this provision, the Board of
Supervisors or its designee may, at its sole discretion, take responsive actions including, but not limited to, the following:
(a) Suspend, modify, or terminate the Direct Services Contract.
(b) Require the Contractor and/or Subcontractor to comply with an appropriate remediation plan developed by the
County.
(c) Waive all or part of Division B36 or the Living Wage Policy.
This provision shall not he construed to limit an employee's rights to bring any legal action for violation of the employee's
rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or
entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a
Countycontract. By entering into this contract, Contractor certifies that itis currently complying with Division B36 and the
Living Wage Policy with respect to applicable contracts, and warrants that it will continue to comply with Division B36 and
the Living Wage Policy with respect to applicable contracts.
B-28 Standard Service Contracts Between $10,001 and $50,000
Modification or Waiver Attached if Appropriate
B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION
Workers Compensation: Yes
Does the contractor have employees?
If "YES", then, WORKER'S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.
Owned Auto insurance: No
Will the contractor use any owned autos in the provision of direct services, such as transporting clients in
autos or operating autos in performance of the work itself?
If "YES", then INSURANCE FOR OWNED AUTOS IS REQUIRED.
Hired Auto Insurance: No
Will the contractor use any hired autos in the provision of direct services, such as transporting clients in
autos or operating autos in performance of the work itself?
If "YES' then INSURANCE FOR HIRED AUTOS IS REQUIRED.
Revision Date - July 2015 Page 12 of 13
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Non -owned Auto Insurance:
Will the contractor be using any non -owned autos in the provision of direct services, such as transporting No
clients in non -owned autos or operating non -owned autos in performance of the work itself.
If "YES" then, INSURANCE FOR NON -OWNED AUTOS IS REQUIRED.
When NO" is checked, this declaration will serve as a waiver for the specified type of insurance.
SECTION VIII: FEDERAL /STATE REQUIRED PROVISIONS
(Examples include Drug-free Workplace Activity, Health Insurance Portability and Accountability Act
(HIPAA), Business Associate Language, etc)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that
in Section Vi,
Exhibit Name;
B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition to that
in Section VI,
Exhibit Name:
The Exhibits named above are attached and incorporated by this reference.
SECTION IX, ADDITIONAL ATTACHED EXHIBITS
Attachments and exhibits that conflict with Countystandard provisions or require risk assessment must
be approved by County Counsel.. Examples of attachments that require County Counsel approval are:
1) Contractor's terms and conditions that are different than, or add to the standard provisions
language,
2) Any changes to the language in Section VI ---Standard Provisions;
Exceptions to County Counsel review include attachments that further explain the Contract Specifics as
outlined in Section Vs and insurance exhibits.
Exhibit Name(s)
The Exhibits named above' are attached and incorporated by this reference.
Revision Date - July 2015
Page 13 of 13
Exhibit A
Santa Clara County United for Health — Partnerships to improve Community Health (PICH) Grant
Town of Los Gatos
Scope of Work and Performance Standards
(Upon Execution — September 29, 2016)
A. Introduction
This Scope of Work is to accomplish, under the Partnerships to Improve Community Health (PICH) grant, activities
to support the focus areas of the PICH project. The Town of Los Gatos plans to participate in increasing access to
opportunities for physical activity and active transportation.
B. Reporting Requirements
1. Contractor will prepare a Monthly Progress Report on their activities/progress and submit it to:
Joanne Seavey, Health Care Program Manager li
Chronic Disease & Injury Prevention (CDIP), Santa Clara County Health Dept.
1400 Parkmoor Avenue, Suite 120B
San Jose, CA 95126
2. Contractor will also submit a Bi -Annual Report (Marchand September) on PND Template to:
Joanne Seavey, Health Care Program Manager II (at address shown above)
C. Phases and Task Description
Objectives:
1. Promote opportunities for physical activity and active transportation through the establishment
of Bicycle and Pedestrian Master Plan.
Objective
Anticipated Reach:
1, City Staff: 100 Public:
30,000
Task #
Task Description
Tire awe
Responsible Staff
Key Deiiverabies
Task # 1
Bicycle and Pedestrian Master Plan
1.1
Project Kick -Off - Meeting with
Upon
* PPW Director
1. !,a
city staff and key stakeholders to
Execution -
* Traffic Engineer
% Copies of model standards
clearly establish the scope of
November
* Town Engineer
work, schedule, and key priorities
2015
* Admin. Analyst
for future work
.Consultant
_
_
1.2
Project Management & Quality
Upon
*Consultant
1.2.a
Control — regular meetings with
Execution.Traffic
Engineer
( Meeting minutes
Town staff, 3 -tiered QC process
2015-
( *Town Engineer
August 2016
-Admin. Analyst
j
Exhibit A --Town of !os Gatos PICH 2016
1.3
Existing Conditions Assessment-
Upon
*Consultant
( 1.3.a
Review pertinent planning
Execution-
j -Traffic Engineer
Existing Conditions Report
documents, Inventory pedestrian
December
.Town Engineer
& bicycle network, Bicycle &
2015
pedestrian collision analysis,
Existing Conditions Report, &
I
Bicycle & Pedestrian Counts
1.4
__._...
Public Outreach —User & Online
Upon
*Consultant
.......... _ .__ .._._ .____.._.... __...._ _ ..
1.4.a
Surveys, Focus Groups/Working
Execution
*Admin. Analyst
Public input for the Master
Groups, & Pop -Up Events (x2);2015-
Plan
invitations to Commission
February
meetings, school district outreach,
; 2016
j
SR2S meetings
1.5
Needs Anal sis/Recommended
Y
Upon
p
I • Consultant
1.5.a
Projects — Proposed Standards &
Execution
I • Traffic Engineer
Needs Analysis Report
Goals, Proposed Bicycle &
2015-
Pedestrian Capital Projects,
February
i
Proposed Programs „___.___.
2016
1.6
;Implementation Funding
Upon
•Consultant m—T--
1.6. a
Strategy, & Prioritization —Cost
t Execution
*Town Engineer
Strategy for implementation,
Estimates for Projects &
2015 -
' •Traffic Engineer
funding and prioritization of
. Programs, Prioritization & Phasing
March 2016
.Admin. Analyst
projects
Recommendations, Funding
Sources
1.7
; Bicycle & Pedestrian Master Plan
1 Upon
_
*Consultant .7.a
Draft
—Draft B&P Master Plan, Final
Execution
Final Bicycle &Pedestrian
B&P Master Plan
2015 —July
Master Plan
1.8
1 Environmental Review —Develop
2016
i Upon
• Consultant
! 1.8.a
environmental documents for the
' Execution
*Traffic Engineer
Master Plan environmental
Master Plan
2015—July
.Town Engineer
review per CEQA
!
2016
D. Performance Standards
Performance is expected to adhere to the following standards in addition to evaluations completed by the
PICH Evaluation contractor:
1. Quality - Deliverables and final products will be as described in the Scope of Work and will be of
high quality.
2. Timeliness - Deliverables and final products will be completed as scheduled.
3. Achievement of Project Goals — Project will achieve its goals as described in the Scope of Work.
4. Achievement of Project Reach — Project activities and deliverables will reach at least 75% of the
projected population numbers of this contract.
Exhibit 8
Santa Clara County United for Health — Partnership to Improve Community Health (PICH) Grant
Town of Los Gatos: Development of a Comprehensive Bicycle and Pedestrian Master Plan to be
Included in the Town's General Plan
Payment Schedule
Upon Execution — September 29, 2016
Payment will be made according to the Budget in Exhibit C, attached hereto and incorporated herein by
this reference. Contractor's invoices shall be submitted to the County, on a monthly basis, on a form
with a format approved by the County.
'6
TW 0
4OpOOO
Modifications to Attachment/Exhibits A, B and/or C will require County approval and signature from both
parties and may require an amendment to the Agreement.
INVOICE GUIDELINES:
1. Invoices cannot bridge two County fiscal years because the fiscal year costs must be separated for
payment and record-keeping purposes.
a. Example: The County fiscal year ends on June 30, therefore all costs prior to June 30 must be
included on invoices for the months prior to July (which starts a new fiscal year).
2. invoices should cover only one month and the tasks that are listed on the invoice should only be the
tasks actually worked on during that month and cited in the Progress Report with a description of the
work that was completed.
Exhibit C
Santa Clara County United for Health - PICH (Partnership to Improve Community Health) Project
Upon Execution- September 29, 2416
Budget and Justification Worksheet
City Name: Town of Los Gatos
Town Traffic Engineer
Jessy Pu
$ 116,209
5%
9
$ 4,358
Town Engineer
$ 157,173
3%
9
$ 3,536
Lisa Petersen
Administrative Analyst
$ 79,976
30,16
9
$ 1,799
Bobby Gonzalez
Consultant:
$ 73,100
50%
9
$ 27,398
Consultant to be selected by RFP process
Salary Subtotal:
$ 37,092
Write a brief job description for each of the postions/titles listed above. The descriptions should correspond to the scope of work workplan task and
goals It is not necessary to repeat descriptions for duplicated positions except for those positions whose work differs from the others of the same
titlelpositlon. If hiring a consuh`ant, list the purpose for hiring the consultant and the specific tasks and delive abler they will ac omplish - these should
align with the snipe of wort1workplan task and goals.
Town Tralf1cf5gineer - ProvTM content expertise for traffic in a ru ure anl needs assessment. Acts as a team leal Mr all planning aivi ies
related to automotive, bicycle and pedestrian infastructure. Supports planning and implementation activities throughout the duration of the funding
cl .
Town Engineer- Provides content expertise for town infastructure and exisitng conditions. Acts as a team lead for all planning activities related to over
town planning process. Supports implementation activities throughout the duration of the funding cycle.
Administrative Analyst - Responsible for administrative support and quality control activities. Acts as team lead for all outreach and community
engagement activities. Supports implementation activities throughout the duration of the funding cycle.
Consultant (if applicable) - Consultant will evaluate conditions, recommend implementation, and create a Bicycle and Pedestrian Master Pian for use
by the Town of Los Gatos,
PICN Budget 1 of 2 11/24/2015
For expense categories C -F, please provide a short narratwe of the expense details that makes clear the expense and the purpose in aenerai. In those cases where expenses may be
s/oniricantiv different, you may enter multiple expenses for that category. For example, category E could use separate lines for local mileage, costs to travel to a meeting or conference
and the expenses related to hosting a conference or meeting, rf applicable. PLEASE REFER TO THE PICK ALLOWABLE EXPENSES DOCUMENT for assistance in completing these sections.
Equipment
a Subcontractor is part of this budget, please complete the second tab of this sheet, labeled "Subcontractor Detail". List here the Subcontractor Name
d deliverable.
iIRECTS MAY NOT EXCEED 10% OF SALARIES (salary subtotal from above). If indirects are claimed as an expense please indicate the basis
charge. For example 5% of salaries would be 5% x 131 = T
4�}i�OO
The $40,000 Healthy City PICH grant amount will be matched by Town of Cos Gatos Traffic Impact Mitigation Funds in the amount of $145,312.
PICH Budget 2 of 2 11/29/2015
Request for Proposals
Town of Los Gatos
Bicycle and Pedestrian Master Plan
ISSUANCE DATE
January 21, 2016
PROPOSALS DUE
Thursday, February 18, 2016
1:00 pm
Town of Los Gatos
Parks & Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
ATTACHMENT 3
January 21, 2016
Dear Prospective Consultant:
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399-5770
Fax: (408) 354-8529
The Town of Los Gatos Parks and Public Works Department is requesting written proposals for
the preparation of a comprehensive Bicycle and Pedestrian Master Plan (BPMP). The successful
proposer will have significant local experience preparing bicycle and pedestrian master plans of
comparable complexity and scale for communities similar to that of Los Gatos along with
extensive community outreach, public engagement and meeting facilitation experience. Key
components of the Town of Los Gatos BPMP are anticipated to include:
• Inventory and mapping of key features of the existing bicycle and pedestrian network
• Bicycle and pedestrian collision analysis
• Bicycle and pedestrian counts at key locations
• Network gap and stress analysis
• Policy and program recommendations
• Prioritization of capital projects with preliminary cost estimates and phasing
recommendations
• Identification of potential funding sources for programs and capital projects
Proposers should also provide guidance and recommendations to the Town regarding inclusion
of California Streets and Highways Code section 891.2 bicycle transportation plan elements and
Caltrans' Active Transportation Program (ATP) Active Transportation Plan components in the
Town's BPMP.
To be considered for this contract, three copies of the proposal must be received by the Town no
later than 1:00 p.m., Thursday, February 18, 2016 addressed as follows:
Town of Los Gatos
Bicycle and Pedestrian Master Plan Proposal
41 Miles Avenue
Los Gatos, CA 95030
All inquiries or questions regarding this proposal shall be directed to:
Bob Kass, Special Projects Manager
(408) 399-5777
bkassglosgatosca.gov
Detailed information on the requested services, proposal requirements and evaluation selection
criteria are provided in the following sections of this request for proposals.
Request for Proposal Page 1 of 8
Bicycle and Pedestrian Master Plan
REQUEST FOR PROPOSAL
TOWN OF LOS GATOS
BICYCLE AND PEDESTRIAN MASTER PLAN
1. INTRODUCTION
The Town of Los Gatos is seeking proposals from qualified firms to provide professional
consultant services for preparation of a Bicycle and Pedestrian Master Plan (BPMP). The
successful proposer will have significant experience preparing bicycle and pedestrian master
plans of comparable complexity and scale for communities similar to that of Los Gatos along
with extensive community outreach, public engagement and meeting facilitation experience.
The selected proposer will be expected to deliver high-quality services and products, develop
professional meeting and web -ready graphics, and work cooperatively with Town staff,
Commissioners and the public throughout the development of the BPMP.
This will be the Town's first BPMP and significant community and Commission engagement
and participation will be a major part of the plan development process.
2. BACKGROUND
In July, the Town of Los Gatos submitted an application to the Santa Clara County Public Health
Department for a Partnership to Improve Community Health (PICH) grant. The grant
application requested funding to retain a consultant with expertise in the development of bicycle
and pedestrian master plans to facilitate community outreach and engagement and prepare a
Town BPMP.
In August, staff received notice from the County Public Health Department that the Town had
been awarded a $40,000 grant for development of a BPMP. A key component of the success of
the grant proposal was the significant amount of successful community engagement the Town
was able to demonstrate through efforts such as a pilot green bike lanes project, active
participation in a "Safe Routes to Schools" collaborative working group, and the recent
establishment of a Bicycle and Pedestrian Advisory Commission (BPAC).
The Town of Los Gatos does not currently have an adopted Bicycle or Pedestrian Master Plan.
The Transportation Element of the Los Gatos General Plan, which was adopted in September
2010, identifies the location of existing and proposed bikeways and multi -use trails within the
Town of Los Gatos. (See: losgatosca.gov/DocumentCenter/HomeNiew/I 737.) The General
Plan identifies development of a BPMP as a Transportation Element Action Item (TRA -11.1).
Preparation of a BPMP is also a top strategic goal for the newly formed Bicycle and Pedestrian
Advisory Commission (BPAC). In addition to providing a roadmap for future capital and
program expenditures to enhance bicycle and pedestrian mobility throughout the Town, adoption
of a BPMP is anticipated to allow the Town to more successfully compete for a range of regional
and State grant funds for bicycle and pedestrian improvement projects and programs.
In addition to the PICH Grant, the City of Monte Sereno has agreed to contribute funds toward
the development of the BPMP in consideration of the shared pedestrian and bicycle network that
exists between the two jurisdictions, particularly along Highway 9 and in the vicinity of Daves
Elementary School. The final BPMP should therefore include key bicycle and pedestrian
Request for Proposal Page 2 of 8
Bicycle and Pedestrian Master Plan
connections and destinations within the City of Monte Sereno and provide enough community
analysis and detail such that Monte Sereno, if desired, could adopt the Los Gatos BPMP as its
own BPMP.
3. REQUESTED SCOPE OF SERVICES
The selected consultant will be expected to prepare a detailed scope of services including a
community outreach and public engagement plan as part of the agreement between the Town and
the consultant. The following elements are anticipated to be critical components of the required
scope of work, and should provide prospective proposers with a starting point for developing a
detailed project scope:
• Review of existing Town bicycle and pedestrian related documents and initiatives,
including General Plan, Complete Streets, Safe Routes to Schools, etc.
• Review of other agency bicycle and pedestrian policies and plans for coordination
opportunities (VTA, Caltrans, Santa Clara County, Midpeninsula Regional Open Space
District, Vision Zero, neighboring cities).
• Guidance and recommendations to the Town regarding inclusion of California Streets
and Highways Code section 891.2 bicycle transportation plan elements and Caltrans'
Active Transportation Program (ATP) Active Transportation Plan components in the
Town's BPMP.
• Review, and update as needed, the existing General Plan bikeway inventory.
• Identification of gaps in existing bicycle and pedestrian network hindering safe and
convenient access to key destinations (e.g. schools, parks, transit, major local and
regional bicycle and pedestrian facilities).
• Identification of additional opportunities to enhance the safety and accessibility of the
bicycle and pedestrian network.
• Bicycle and pedestrian collision analysis.
• Bicycle and pedestrian counts at key locations.
• Outreach including public workshops, commission presentations, social media presence.
• Coordination with "Safe Routes to Schools" collaborative.
• Development of recommended policies and programs.
• Identification of proposed capital projects.
• Identify locations where additional right-of-way and/or plan line adjustments may be
needed to accommodate improvements.
• Development of preliminary project and program cost estimates.
• Prioritization and phasing of projects and programs.
• Identification of funding sources.
• Environmental review (to be determined as additional services).
4. COMMUNITY OUTREACH AND CITIZEN ENGAGEMENT
Community outreach and citizen engagement will be a critical component of the development of
the BPMP. For purposes of developing a proposal in response to this RFP, interested firms
should anticipate at least the following community, Commission and Town Council meetings:
Request for Proposal Page 3 of 8
Bicycle and Pedestrian Master Plan
Category # Mt s.
Bicycle and Pedestrian Advisory Commission
3
Parks Commission
2
Transportation and Parking Commission
2
Community Outreach Meeting
2
Safe Routes to Schools Committee
2
Town Council
1
Any additional meetings recommended by the proposer should be included and described in the
recommended approach to the project.
5. SCHEDULE
The anticipated RFP Process and Project Schedule is as follows:
Council Authorization to Issue RFP
January 19, 2016
Issue RFP
January 21, 2016
Proposals Due
February 18, 2016
Rate Proposals and Conduct Interviews with
Highest Rated Proposers
March 3, 2016
Council Approval of Consultant Agreement
Aril 5, 2016
Notice to Proceed
May 2, 2016
Existing Conditions Analysis
May -Jun 2016
Bicycle and Pedestrian Counts
May -June 2016
Gap Analysis and Project Identification
July -Sep 2016
Community Outreach and Public Meetings
July -Sep 2016
Draft Master Plan Complete
October 2016
Commission Presentations
Nov -Dec 2016
Council Approval of Final Master Plan
December 2016
6. SUBMITTAL REQUIREMENTS
Proposals must include the following:
Qualifications and Experience. Detailed information on the background, qualifications
and experience of the firm and team members, emphasizing and detailing the successful
completion of projects of comparable size and complexity in communities similar to Los
Gatos.
2. Project References. A minimum of three project references with contact information for
projects completed or substantially completed within the last 5 years. Project references
should be applicable to the specific project manager and key team members proposed for
this project. Project references should include the size of the contract (dollar amount)
and final outcome (approved by Council; accepted by staff; in process; etc.)
3. Current Projects. A listing of any projects, including references, that the firm currently
has under contract to which the proposed project manager has significant project
responsibilities.
Request for Proposal Page 4 of 8
Bicycle and Pedestrian Master Plan
4. Resumes. Resumes of assigned team members, including key subconsultants, detailing
experience and qualifications.
5. Review of Preliminary Scope of Work and Schedule. Review the preliminary scope of
work and provide comments, including changes to schedule, sequencing, specific work
items, and/or recommendations for additional work items or optional tasks.
6. Project Approach Community Outreach and Proposed Scope of Work. Provide a
description of the project approach, including a detailed description of how the public
outreach and community engagement process will be conducted. Describe any social
media or web -based platforms for obtaining public input, as well as your firm's approach
to conducting public meetings. Provide a preliminary scope of work and schedule
aligned with key tasks as described in the RFP, with any additions or modifications
recommended in the proposal.
7. Cost Proposal. In a separate sealed envelope submit a not to exceed fee proposal tied to a
fee estimate by key task or project phase. Please also submit the current hourly rates for
all project staff and subconsultants.
8. Authorization. A letter signed by a principal of the firm authorized to submit proposals
on behalf of the firm.
To be considered for this contract, three copies of the proposal must be received by the Town no
later than 1:00 a.m.. Thursday. February 18, 2016 addressed as follows:
Town of Los Gatos
Bicycle and Pedestrian Master Plan Proposal
41 Miles Avenue
Los Gatos, CA 95030
Please note that faxes, electronic submissions, or any media other than hard copies are not
acceptable.
7. EVALUATION CRITERIA
The following criteria will be used by the Town in evaluating proposals:
• Quality and completeness of proposal.
• Experience completing projects of similar scope and complexity in communities
comparable to Los Gatos.
• Public meeting facilitation and community engagement expertise and techniques.
• Relevant experience and expertise of the proposed project team members.
• Familiarity with bicycle and pedestrian issues in Los Gatos and/or surrounding
communities and jurisdictions.
• Technical knowledge and subject matter expertise.
• Ability to perform the work within the time specified.
• Creativity in approach to scope of work.
• References.
Request for Proposal Page S of 8
Bicycle and Pedestrian Master Plan
• Acceptance of standard consultant services agreement and insurance requirements,
including any proposed changes to the agreement or insurance coverages.
• Cost for the requested scope of services.
8. SELECTION PROCESS
Town staff will review the proposals received using the evaluation criteria listed above and rank
firms based on the quality of their proposals and the extent to which the proposer demonstrates
the ability to provide the services requested in a cost-efficient manner. It is anticipated that the
top-ranked firms will be invited to an interview with Town staff. Final consultant selection will
be made based on combined scoring of the submittal and the interview. The proposer's
designated project manager should attend any interview and be the primary spokesperson and
presenter on behalf of the firm.
9. QUESTIONS
All questions regarding this RFP or the project must be submitted via email to Bob Kass at
bkassLc los atosca.gov no later than 5:00 p.m. on Tuesday, February 9, 2016. All questions and
responses will be available for review on the Town's website at www.losgatosca.gov/bikgpedrf
P
The Town will make every effort to post and respond to questions within 2 business days during
the proposal solicitation period. The final posting of questions and responses on the Town's
website will be 5:00 p.m. Thursday, February 11, 2016.
10. ADDENDA
Any addenda to the RFP, including extensions of time to submit proposals, will be posted on the
Town's website at www.losgatosca.gov/bikepedrfp. Proposers shall be responsible for checking
the Town's website periodically up until the submission deadline for any addenda. Submission
of an RFP to the Town shall constitute acknowledgement of review of any addenda by Proposer.
11. WITHDRAWAL OF PROPOSALS
A Proposer may withdraw its proposal at any time before the expiration of the time for
submission of proposals as provided in the RFP or any addenda by delivering a written request
for withdrawal signed by, or on behalf of, the Proposer.
12. CONSULTANT SERVICES AGREEMENT AND INSURANCE COVERAGE
The selected firm shall execute the Town's standard consultant services agreement, a sample of
which is included as Attachment 1. The selected consultant shall also procure and maintain the
insurance coverages detailed in the standard agreement at Proposer's sole cost and expense and
for the full term of the agreement or any extension thereof. If a Proposer desires to take
exception to any provisions of the Agreement or insurance coverages, the Proposer shall identify
all proposed changes to the Agreement or insurance requirements and include them as part of the
proposal submission. If no changes are submitted as part of the proposal, then full acceptance of
the agreement and insurance requirements shall be assumed by the Town.
All insurance policies, endorsements, certificates and/or binders shall be subject to the approval
of the Town of Los Gatos as to form and content and the selected Proposer agrees to provide the
Request for Proposal Page 6 of 8
Bicycle and Pedestrian Master Plan
Town with a copy of said policies, certificates and/or endorsement upon award of Agreement.
Consultant's invoices shall be submitted for time and materials worked against specific tasks and
consistent with the costs shown on Consultant's Fee Schedule which will be attached to the
Consultant Services Agreement. The Consultant shall ensure that invoices are submitted with
adequate detail and description of work completed as needed in order for the Town to prepare
grant reimbursement invoices.
13. BUSINESS LICENSE
The successful proposer must either possess a current Town of Los Gatos business license or
must have submitted a Town of Los Gatos business license application and fee prior to contract
award. The cost of a Town Business License is $200 per year per professional staff member that
actually conducts business within the Town of Los Gatos. For purposes of this RFP, the
proposer should estimate a Business License fee of $600.
The Business License Application for professional service providers is available on the Town of
Los Gatos website at http://www.losgatosca.gov/DocumentCenterNiew/781 1.
14. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFP become the exclusive property of the Town of Los Gatos. At such time as
the Town awards a contract, all proposals received in response to this RFP become a matter of
public record and shall be regarded as public records, with the exception of those elements in
each proposal which are defined by the Proposer as business or trade secrets and plainly marked
as "Confidential," "Trade Secret," or "Proprietary." The Town shall not in any way be liable or
responsible for the disclosure of any such proposal or portions thereof, if they are not plainly
marked as "Confidential," "Trade Secret," or "Proprietary," or if disclosure, in the Town's sole
discretion, is required under the California Public Records Act as addressed below. Any proposal
which contains language purporting to render all or significant portions of the proposal
"Confidential," "Trade Secret," or "Proprietary" shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the Town of Los Gatos may determine, in its sole
discretion that the information that a Proposer submits is not a trade secret. If a request is made
for information marked "Confidential," "Trade Secret," or "Proprietary," the Town shall provide
the Proposer who submitted the information reasonable notice to allow the Proposer to seek
protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense.
15. COLLUSION
By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and
is not made in the interest of or on behalf of any person not named therein; that the Proposer has
not directly induced or solicited any other person to submit a sham proposal or any other person
to refrain from submitting a proposal; and that the Proposer has not in any manner sought
collusion to secure any improper advantage over any other person submitting a proposal.
Request for Proposal Page 7 of 8
Bicycle and Pedestrian Master Plan
16. TOWN RIGHTS RESERVED
This RFP does not commit the Town to enter into an agreement, nor does it obligate the Town to
pay for any costs incurred in preparation and submission of proposals or in anticipation of a
contract.
The Town further reserves the right to:
• Reject any and all proposals.
• Issue subsequent Requests for Proposals.
• Postpone opening proposals for its own convenience.
• Remedy errors in the Request for Proposals process.
• Approve or disapprove the use of particular subconsultants.
• Negotiate with any, all or none of the Proposers.
• Accept other than the lowest cost offer.
• Waive minor informalities and irregularities in the proposals.
• Enter into an agreement with another Proposer in the event the originally selected
Proposer defaults or fails to execute an agreement with the Town.
Any agreement shall not be binding or valid with the Town unless and until it is approved by the
Town Council and executed by authorized representatives of the Town and of the Proposer.
17. DISQUALIFICATION
Factors, such as, but not limited to, any of the following, may disqualify a proposal without
further consideration:
• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount,
terms or conditions of this proposal.
• Any attempt to improperly influence any member of the Town in selecting a Proposer.
• Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and
the Town.
• Evidence of false or incorrect information knowingly submitted as part of the proposal.
• Evidence of Proposer's inability to successfully complete the responsibilities and
obligations of the proposal.
• Proposer's default under any previous agreement with the Town.
18. GRATUITIES
No person shall offer, give or agree to give any Town employee any gratuity, discount or offer of
employment in connection with the award of contract by the Town. No Town employee shall
solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of
employment in connection with a Town contract.
Request for Proposal Page 8 of 8
Bicycle and Pedestrian Master Plan