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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