HomeMy WebLinkAbout41-24RESOLUTION NO. 41-24
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING THE AMENDED AND RESTATED
FUNDING AGREEMENT WITH SANTA CLARA VALLEY TRANSPORTATION
AUTHORITY FOR 2016 MEASURE B BICYCLE & PEDESTRIAN EDUCATION AND
ENCOURAGEMENT PROGRAM
WHEREAS, Santa Clara County voters approved a 30 -year sales tax measure in 2016, referred
to as Measure B, that would fund nine transportation program categories to enhance transit,
highways, roadways in general, and active transportation; and
WHEREAS, one of the program categories is Measure B - Bicycle and Pedestrian, of which the
Education and Encouragement program is part of, and
WHEREAS, the Town entered into a master funding agreement with the Santa Clara Valley
Transportation Authority (VTA) for the Measure B — Bicycle and Pedestrian E&E Program in
2019; and
WHEREAS, VTA has provided the Town with an amended and restated funding agreement for
the 2016 Measure B Bicycle & Pedestrian Education and Encouragement Program to extend the
term to March 31, 2047.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
that;
1. Approve the amended and restated funding agreement with the Santa Clara Valley
Transportation Authority for the 2016 Measure B Bicycle & Pedestrian Education and
Encouragement Program and authorize the City Manager to execute the agreement.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on 181h day of July 2024 by the following vote:
AYES: Mok, Schmidt, Tankha, Tyson, Swan
NOES:
ABSTAIN:
ABSENT:
ATTEST:
ka Birdsong -Miller, y Clerk
RESOLUTION NO. 41-24
10C y: _AV—,
ok, Mayor
THIS AMENDED AND RESTATED FUNDING AGREE1:MENT ("AGREEMENT") is entered 1: in to as of the last date
an; is D IENT"). and
a' etween the TOWN OF LO: ALTOS HILLS ("'REC11p,
of signatwe below E:FFECTIVE DATE S
SANTA CERA VALLEY TRANSPORTATION AUTHORITY ("TTAN"). RECIPIENT and VTA may oeindividuatly
efe:
,r rred to as ""PARTY" or collecti ely referred to as "PARTIE,S.,
IE ECITALS
1. Whereas, on June 24, 2016, the'VTA, Board of Directors ("'VTA BOARD-") adopted a resolution to place
ballot measu? ta ClaCounty: '"SCC!") November 2016 to authorize a
a re betore the Clea voters of San
o
f - s fonine-half of :one percent retail tra�nrsaction and use tax ('"2016 MEASURE B, 30 yea rr ine
transportatim-related program categories,
2. Whereas. on Nlovenl
beir,8, 2016, the: voters of Santa Clara County enacted.2016 MEASURE B for 30
years to pay for the in transportation -related program categones-1,
31. Whereas, on October 5, 2017, the VT A BOARD estab. , [ished the 2016: Measure 13 Program
ROGRAM-"') and adopted the 2016 Measure B Program CategoryGuide"nes, ("GUIDELINES"). In
is
1: !R
add,ritii
on -11 VTA establshed a PROGRA MANUAL Both the GUIDELINES and th, PRO:G AM MANUAL
are incorporated into this Agreement by this reference, and available at www.lvta,.orlg or upon request
to VTA-
4. Whereas, the PROGRAM includes a Bicycle & Pedestrian: pro ram category("BIKE/PED CATEGORY')
9
to
fund bicycle and pedestrian projects and educational programs;
01, 1
5. Whereas, the B1KE/PED CATEGORY conslists of three sub -categories, including the educatilon &
;encouragement pro r
,g. arn:("BIKE/PED E&E PROGRAM'
6
Wherern *11 be 30 years. from the ihitia,[ year of collection, . as, the duatioof 2016 MEASURE B w
beginning Agri] 1, 2017, and continuing through March 3:1, 21047;
1
7. Whereas, thePARTIES entered into: a funding agreement for the BIKE/PEI) E&E PROGRAM funds on
October 1, 2;020, which expires on June 30,2025 ("PRIOR AGREEMENT"); and
8. Whereas, the PARTIES desire to amend: and restate the PRIOR AGREEMENT to, among other things,
SpeciN- the terms and conditions under whichwt 'It a,dmfn ister BIKE/PED E&E PROGRAM funds
i
allocated to VTA and RECIPIENT through the If1
fe of the PROGRAM.
:
NOW, TI-IEREFORE, in consWeration of the mutuaf promises contailnedin thi: "s AGREEMENT the PARTIES
agree as follows:
Rev 0531.24 Page 1 of IS
11. AGREEMENT
1. BIKE/PED E&E PROGRAM DEFINITION
The BIKE/PED E&E PROGRAM covers viii and the develo, mentand distribution of materials that
a
uisare designedand inn
teded to satisfy the following goals within,'RECIPIENTricti
i lion: (i) promote,
educate, and/or encourage safe walking or bicycling for residentsor visitors of every age and ability;
,n and (.1
iq commu icarte to residents and visitors, the beneflits of walking and bicycling, It.1
co m: rn Un I cate
"'ites of pedestrians., bicyclists, and
t s: :ool children:,, residents :1 1 onsil
o ch and visitors the rights and res.pU,
motorists.
2. TERM: OF AGREEMENT
The term of this AGREEMENT will commence on the EFFECTIVE DATE and continue through March 31,
Oi -funds allocated to RECIPIENT have been expended
i
2047,o.r until BIKE/PEDE&E PROGRAM CATEG RY P
entirely, whichever occurs later.,
.A. RECIPIENT may use RECIPIENT's attoed BIKE/PED EU PROGRAM funds only for
act
:ivitie.s/projects
that fir) are offered/available to individuals -who live, wo'. o:
' rkr attend school in
,R
^)VT- i E E PIE NTS boundaries or school dlistrictst and (il A has pre -approved in writting, (each, an "E&
PROJECT"). Only VTAsAUTHO:RIZED:R'EPRESENTATiVE (defined in section. 1.4 below),ordesl
ignee
has authority to approve an&E PROJECT.
pes ofactivities, / p -t
:B. VTA will consider for ap�proval the following ty, tai e rets
rol w
Rev .3 .2 Page 2 of 18
X11. Purchase and distribution of incentives for education /encouragem.ent activities.
X11. Organization and implementation of crosswalk stings or other activities that educate
-roadway users on traffic laws,. Crosswalk stings are activities conducted by law enforcement
to educate the public about crosswalk right of way laws that may or may not include
citat ! i ons.
X1, Oi
g
rgan,za to ion aria impier nentation of special community events focused on achievin, the
BIKE/PED E PROGRAM goals described in Section 11, Paragraph 1BIKE/PEDE&E PROGRAM
DEFINITION, such as community rides or walks.
.x V. Energizer statiOns and otherBitke to Wherever Day activities,
V. Implementation of valet bicycle parki]
ng.
,ia, surveys of
XV11'. Community-` le pedestrr' in facilities and surrounfain areas to learn,,
based Of
to I
obsierve, and identify bicycle and pedestria n hot spots.
x. 1ap roves writing.
1. Any other program or activity VTC V - P re - P ire
*Any safety campaign or puioric service announcement targeted to motorists must focus on
safe, respionsiblie and respectffW motorist interactions with pedestrians ain.a: bicyclists.,
rC'tted to use BIKE PED E&E PROGRAM funds allocatel for (i) direct costs and . RECIPIENT is pe:::rzm,:i d
staff time costs incurred �p 'for
by REC PIENT to support E&E ROJECTS, and (H) costs incurred
ev: aluation of the ESEJE TS as, r re under lection 4. EVALUATI N REQUIREMENTS).
D. Notwithstanding any other provision of thi's AGREEMENT, RECIPIENT is, not permitted to use,
ts.
BIKE/PED ESE :PR:0GRAM funds, for ca; i'ttal trn:provernen,
ip
r%
E. E PROJECTS may be targeted and I'Mited to specific demo,grap,hl*cs'l':nCIruding,,,b.,ut not lirnited t
bt bited by appl'cab:le law.
ors, or peoplewithdisa:' ill" ies tothe extent not prohi 1 1
school children, seni th
F. Only ISE ISE E&E -PROGRAM costs incurred by REC[PIENTon or after July 1, 2017, will be efigibIle
for reirnbursernentL
EVALUATION REQUIREMENTS
A. RECIPIENT must ildent'ify (i) the project reach and scale of eachE&E PROJECT and (ii) one ormore
:
metric(s) that will beused to evaluate whether the goal was achieved. Examples of acceptable
metrics are set forth in Attachment A.
4tt
obtain prior wn � enapproval of the bra and schedule
As
B REC1PIENT mustildent"fy and obt n VT
of eacEE PROJECT evaluation.
S. MAXIUMUM FUNDING ALLOCATIONS
.A. RECIPIENVS maximum funding allocation Tor each fiscal year (July 1st through June 30th) will be
based upon the VTA BOARDs Adopted Bilenniia I Budget for the BIKE/PED ME PROiGRAM and the
annual fund distribution formula described below.
Rev 05.31.24 Page 3 o 18
i u
B. Annual Fund Distribut'lon Formula. The BIKE/PED E&E PROGRAM annual fund di rib t*
formula *s calculated every two fiscal years in line wfth VTA�s: budget cycle) and i's based on the
following..
L First,, at the same time that STA plans and finalizes 'Its budget for the two upcoming fiscal
years, the VTA BOARD determines the allocation of 2016 MEASURE B funds for the two
'upcoming fiscal years..
11. Second, the: VTABOARD determines the amountof 2016 MEASURE �B funds t,oi be allocated
i 41
amongst the PROGRAM categories and subcategories, including the, BIKE/PED E&E
PROGRAM CATEGORY.
tUff Third :1 'TA and the County of Santa Clara for countywide ith
I an allocation � s, made to V I
respect to Santa Clara County) BIKE/PED E&E PROGRALM activities C"COUNTYWIDE1
,ACTIVITIES"""),. Pier the GUIDELINES, COUNTYWIDE A, CTIVITIES will re celve 25%, of . milabe
B :I
i KE/PEDE&EPOGRAIVI funds.
I. Fourththe 2016 Measu: e B funds remaining for the BIKE/PED E&E PROGRAM category
a
U
ll cation are calculated bydeducting the amount allocated for CO' NTYWIDEACT� ' IVTJES
11. 1 It
in sub para, raph (Iii"i), i diate k, vefromthe total.B[KE/PED E&E PROGRAMcategory
g " Imme I ty aao
'RE: Af ING FUNDS"').
allocation (;' M N
Vt. SIXTHeach CITY PERCENTAGE SHARE ('Including the SCC PERCENTAGE SHARE)Is mItedultiOli 1
by the REMAINING FUND.S to determine the dollar amount that would be allocated to each
11 f
pity based o� their CTY PERCENTAGE Si- however, no all0cati
cl n I Jon is yet made at this
Crit*, ji I
�h c i i
step.
its that would receive less, than! $10,000 as a result of t :e � alculatdon dscried cribed in
Section (v) will beidentiffied as (1 POP CITIES").
V111. Eighth, the modified REMAINING FUNDS are: calculated by subtracting the cumulative total
OD �
of allocations made to LOW POP CITIES from the REMAINING FUNDS "MREMANING
FUNDS"').
Rev 05.31.24 Page r4 of 18
Ninth i Jed %>anta Clara County population is calc lated by deducting the SCC
Ix. I a :m o dif; U
UININCORP POP and all LOW POP CITIES from the TOTAL SCC POP ("MOD]FIED
POP ULATION")
X. Tenth., a modififed population percentage share ("MOID CITY PERCENTAGE SHARr) lis
ca , ng lculated for all cities that are not LOW POP CITII S (".NO:'N1L0W POP CIT: ES") by divii dif
P T ing
.1 "S total po,,, n he M01,DtFIED PO: :ULA [ON and multiplyi
the NON-LOWIPOP �C TY puiatio by t
the result by 100.
x
ti. Eleventheach NON -LOW POPCITYS �MOD CIT` PERCENTAGE SHARE Ismultiptied by he
a n of
MOD REMAINING FUNDS to calculateeach NON -LOW POPCITY's dd.it"'.1 onal allocatio:
2016 Measure B funds for the BIKE/PED E&E PROGRAM category. This allocation will be
made In addition to the; 10K ALLOCAT1,0N described above.
C. RRCI PIEN'Vs allocations are subject to change: based on, ll ion made by the VTA BOARD
pursuant to the :PROGRAM.
a ds have
If RECIPIENTfaills to o the above by the end of the fourth fiscal year and no fu nbeen
,spent in the past four consecutive fiscal years, allocatlions will bereturued by VT A to the pool of
2016 MEASURE13 funds allocated to the BIKE/PED ESE PROGRAM category for redistribution, in
the next allocation cycle pursuant to the formula above.
E. All, funds will be available toRECIII ENT on a rel[mbursenlent basis only.,
6
0 . VTX,s BLI[GAM:0ISS
A
:. Annually reportto the public the arnount of BJKE/PED & PROGRAM re venues allocated and
distributed to RECIPIENT.
Bs by . Annually report to the public a summary of E&E PROJECT evaluat"fon metricsubmitted
RECIPIENT, as requilredIre Section 4. EV.-ALUATION REQUIREMENTS.
W,
C. Conduct an assessment regarding the effectiveness of the BIKE/PED E&E PROGRAM using
approved metrics and data provided ley 'RECIPIENT (pursuant to Section 4. EVALUATION
REQUIREMENTS) related to RECIII ENT's .E&E PROJECT(s).
Rev 05.31.24, Page 5 of 18
D. Biennially or however frequently as VTA determines
is appropriate based upon the number of
ongoing ME PROJECTs, report to the public the effectiveness of the BIKE/PED ME PROGRAM
based on the assessment described immediately above in Section 6(d).,
E. Reinlit the amount due to the RECIPIENT underan invoice within: thirty (30) mendardays of
mit g
receiptof a complete and properl. fully documented invoiice complyinwltthe requirements
set forth herein.
7. RKIME:K!"rs OBUGATIONS
st,
RECIPIENT mu .
A,. Comply with 201 Measure B reporting requirements.
B
e o b .. Ensure that all 2016 MEASURE Bfunds are expend: d on all wa le BIKE,/PED ME PROGRAM
expenditures as described above in d*oILIGIBLE F, NDS.-
D. Annually submit to VTA,, by October 1st of each, year, a summary of the prior TIal year
p
com]
eted ME PROJECTS.
:
,E. Submit to V.TA, on a frequency as a: oved by VTA, the evaluabo, of the completed ESE
ppr abn
PROJ;0 M
: CTS pursuant to Section 4. EVALUAD N * R EQ E: TS.
�F. If applicable annually submit to *VTA., byOctober 1st ofeach year, an explanation of 'why no
BIKE/PED ME PROGRAM funds are plannTor mit re duhing the upcoming fiscal year.
G. Annually complete and submit to VTA, by October 1stof each year any accompanying reporting
requirements for the BIKE/PED ME PROGRAM.
H. Submit to VTA all records including contractors" lnvoices,, miscellaneous invoices, and force
account charges as substantiation i
for submittedto VT A for relimbursement hereunder.
her evidence
1. Maintain flinancit"al record,s, books,, doc rnents., papers,, accounting record_s� and of
pshale ertaining to costs related tothis, AGREEMears;. RECIPIENT l maksuch ENT for five (5) y
records available to VTA upon VTXs written request for review.ars d audit purposes. Financial
Of
audits will be performed at VTAs sole d Iscretiton.
J. Submit invoices to VTA, no more frequently than monthly, for reimbursement of eligible ESI
PROJECT costs (see Section 3. ELIGIBLE USE OF FUNDS). RECIPIENT must submit invoices within
one year of the date RECIPIENT incurs the cost submitted on the invoice for reimbursement
(unless otherwise approved by VTC in writing).
Rev s. 1.24 Page 6 of IS
8. INDEMNIFICATION
Neither VTA. nor any officer or employee thereof,will be responsiblefor any damage or fliability arising
out of or relating toRECIPIEN"rs acts or ornissions under or in connection with any wolirk, authority.
or jurisdiction ss cit puriffo
ated with this AGREEMENT. suant to Calrni'a Government Code 5.4".
RECIPIENT must fully defend, indemnifyand hold harmless VTA from all sults or tilln.of every
pjury n
1, Cal"forn'a Governme t Code §810:,.101
k'nd, and alescri,ption arising from an,' (as defined by i I
relalfin ions unp- 0
I g to RECIPIEN'rs acts or om'ss' der or in connection with any wc rk,, authority, or
:
jurisdiction delegated to RECIPIENT under this AGREEME:NT. wfl
This provision i survive the
'I f thisAGREEMNT..
term"nation or expiration:o ir. E
9. INSURANCE
At all times duninthI greent, RECIPIENT muscom
t ply with the insurance requirements, and
g is A me
i
S ificatilons of the attached Attachment :C Insurance Requirements,. RECIPIENT may, in its
peci
discretion , elect to self -insure, but any such self-insurance must meet the requirements and
speCITICations :In Attachment;C:.
11. COMPLIANCE WITH APPLICABLE LAW
In execution of any E&EPROJECT and, erformance OT its responsibilities set forthhereinREC]PIENT
:q
must comply with all applicable re �uirements of local, state,, and -federal law.
12
�R TIR . COMPLIANCE WITH 2016 MEASU EB�:R E QU EVENTS
s :n ur
.A. In it performance under this AGREEMENT, REC[PIENT must comply, and must e! s e ESE
P
:ROJECT compliance, with all PROGRAM requirements including, bit not limited to, the
INES an 1P RAM MANU L.
GUIDEL d ROGR : - i I A
B. VTA may!'t, 1n 1ts iisole
- discretion, male changesto the GUIDELINES and/or the PROGRAM MANUAL
at any time. If VT A makessuch changes, VTA will notify RECIPIENT within a reasonable timeof
such changes,.
13. ENTIRE AG r REEIVIEN T
This AGREEMENT contains the entire understanding between VTAand RECIPIENT relating to the
p
subject matter hereof. This AGREEMENT supersedes any and a:ll other AGREEM ENT(s) that may have
existed between the PARTIES,whether orator written. This AGREEMENT i's bindung upon each PARTY,
their legal representatives, and successors for the duration of the AGREEMENT.
14, AMENDMENT
Rev 05.3.1.24
Pa,
ge 7 lof 18
No alteration or variation of the terms of this AGREEMENT will be valid unless made in writing and
signed by both of the PARTIES hereto, and no oral understanding or AGREEMENT not incorporated
herein will be binding on any of the PARTIES hereto.
15. NOTICES/ AUTHORIZED REPRESENTATIVES
A. Notices. Any notice which may be required under this AGREEMENT (i) must be in writing, (ii) will
be effective when received, and (iii) must be given by personal service or certified mail the other
PARTY'S AUTHORIZED REPRESENTATIVE at the addresses set forth below, or to such other address
that may be specified in writing by a PARTY.
B. Authorized Representatives.
VTA:
Marcella Rensi
Deputy Director, Programming and Grants
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: marcella.rensi@vta.org
RECIPIENT:
Peter Pirnejad
City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
PPirneiad@losaltoshills.ca.gov
Written notification to the other PARTY must be provided, in advance, for changes in the
name or address of the individuals identified above.
The individual identified above for RECIPIENT is RECIPIENT's BIKE/PED E&E PROGRAM Liaison
("LIAISON"). The LIAISON shall be (i) the liaison to VTA pertaining to implementation of this
AGREEMENT and (ii) the contact for information about the BIKE/PED E&E PROGRAM and E&E
PROJECTS.
16. GENERAL TERMS AND CONDITIONS
A. Representation of Authority. Each PARTY to this AGREEMENT represents and warrants that each
person whose signature appears hereon has been duly authorized and has the full authority to
execute this AGREEMENT on behalf of the entity that is a PARTY to this AGREEMENT.
B. No Waiver. The failure of either PARTY to insist upon the strict performance of any of the terms,
covenant, and conditions of this AGREEMENT will not be deemed a waiver of any right or remedy
that either PARTY may have, and will not be deemed a waiver of either PARTY's right to require
strict performance of all of the terms, covenants, and conditions hereunder.
Rev 05.31.24 Page 8 of 18
C. Dispute resolution. If a question or allegation arises regarding(i) 'Interpretation of this
AGREEMENT or its performance, or (H) the alleged failure of a PARTY to perform, the PARTY raising
the question or making the allegation must give written notice thereof to the ot'der PARTY. The
PARTIES must promptly meet in an effort to resolve theissues raiised. If the PARTIES fail to resolve
theissuesra'ised- alternative forms, OT alSpUte resolution including media.t.i.
it, I on., may be pursued by
mutual agreement. itf PARTI
liti gati f I I
a method dispute
is the intent othe! ES to avoid ton as
.
osse.
resolut',lon tothe greatest extentp ibl.
D. Severabillty. If any of the provisions of t1s AGREEMENT (or portions or applications thereof) are
u 0-1;
held tobe unenforceable or invalid byany court of competent J;ris: iction, VTA and RECIPIENT
shall negotiate an equitable adjustment in the Provisions thisAGREEMENT with a view toward
effecting the purpose of this AGREEMENT, and the validity and enforceability of the remain"Ing
pe a' ee:b
rovisions or portions or applications thereof will no� b ttected t�h
r
i
E. Governing Law. The lawsof the State of California willgovern IIII`, as well as any
i :
claimthat might arise between RECIPIENT and VTA, without regard to conto flict of law pr ns.
F. Venue. Any la,wsu*t or legal action, ar"Mn from thi's AGREEMENTmustb o and
9 e c mmenced
prosecuted in the courts of Santa Clara County, California. RECIPIENT agrees to submit to the
Ew
:personal Jurisd ction of the courts located in Santa Clara County, Cal"forn,a for the: purpose of
litigating all such claims.
H. Attribut"Iton to VTA. RECIPIENT must include attribution to VT A that incatpart of the work was
.a
tion th t was funded
, in
funded by Program Funds. This provision applies to any projectorpublica,
"s
part orin whole by Program Funds'. Acceptableforms of attribution include 2016 MEASURE B
brandiln.g. on ME PROJECT -related documents, pulolic information materials, a,nd. any other
I nts V -T '11 prov"de Program brandngto:RECIPIENT.
applicab:edocume; , �. , Awi: 11 1
Rev 05.31.24 Page 9: of IS
J. Relationship of the PARTIES. It 'is -understood that this 'I's an AGREEMENT by and between
independent parties and does not create the relat'lionship of agent, servant, employee,
partnership., jo I nit venture or association or any other relationship other than that: findependent
0 '1
contractor.
K. Execut ion in Counterparts / Eiectronic Signature. This AGREEMENTmay be executed in: one or
more counterparts, each of which will be deemed an original but atl of which Mill constitute one
and the sarne'Instrument. An, eledron't'c copy of a signed contract. or an electroin'tcaty signed
contract has thesame force andk signat
legal effect as a contract executed with an original in i ure.
aset �foEvCode
The term "electronic copy of a signed contract' refers to a writing s rth in idence
means al. contract that *Is executed by
Paragraph 1550. The term "electron1crally signed contract"
lain applying an electronic signature 1 0
gnature using technology logy approved by each, of the Parties.
OR]JIN
Rev 0531.24 Page 10 of IS
IN WITNESS WHEREOF., VTA and COUNTY have caused thel*r undersitgnee, duly authorilzed s'lignatories to
execute tris AG REEM ENT on the dates set forth below.
Santa Clara Valley
Transportation Authority
Carolyn M. Gonot
General Manager/CE0
Date
Approved as to Form
Name
VT A Legal
Date
RECM"T
Peter P:*trnej",ad
City Manager
Date
Approve as to,Farm
Steve Mattas
Reclip'lent Legal
Rev 05. 31.24 Page 11 of 18
AT
TACH ME NT A
e Ics
Example Evaluation Requireml nt Metri
Evaluation metrics 'Include but are not limited to the ones used below.
ect reach - A metric measuring the tota:l.num:be:r of people or entities that part—cated
.Proj iii in
the activity or received a I
.1 physcal :Ite:m providedbythe program.
ne media saTe ique views esulting
0 Hypothetical Examplel:OnliIty campaiI gn had 1010-00 un: .1 r
in 2,000eop,le takin: the "'I'wilif drivel walkons
l and bike safety and respibly" pledge ,.
P
Bode shift - A metric measurin.: the chan ire the number or percentageof people who
9 :9 ,
,replaced another mode of transportation with walking or bilking.
o Hypothetical Example: At the end of the school year, 200bricycles were counted in the
ii es counted at the beginning of
bike cage, anincrease f over the o 20% number of be; cyc'l
the year.
Behavior change - A metric measuring the change -In the number or percentage of people who
changed their travel hambits) including but not limited to frequencyof walking or biking.
o Hypothetical Example:[d" I I S d to 1200;
n ividuahzed marketing packet were provide
-o! e and after surveys
households. 2:00households requested additional information. Bef r
I i, i ng,
showed that 5%of, households that requested additional inn formatioswitched to biki-
mo.
I it re
king,.. or taking tra-
ns
CM : I Engagement —.A metr'measuring uring the number or percentage of people who
omunity
becri ome A involved in a p!rogram ol� � an ongoing basis.
o Hypothetical Example: At the end of five Train the Trainer eve'n,fts, of the 25 trainees, ten
agree to lead Safe Routes to School activities at their schools.
Rev 5..x ..2.4 Page 12 of 18
ATTATCHMENT B
'fit
LOW ROP CITES ALLOCATION SCHEDULt
los are instead allocated
Cities that would receive less than $10,,,00:0 as a result of the allocation calculat* n
i I I ca � yea r
$10,,,000 minimum per fiscal year,. The minimum $10000 allocat'on w*11 cont*nue through fis I
20,28. Followin gt[Scal year 2028, the miritimum allocated to LOW POP CITIES will increase every mennial
budget cycle.
Uin
The allocation schedi le s arti, g FY 20281is as., follows-
Rev 05.31.24, Page 13 of IS
,AT
TACH ME NT C
INSURANCEREQUIREMENTS
CONTRACTOR'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW, IT IS
HIGHLY RECOMMENDED THAT CONTRACTORCONFER WITH THEIR INSURANCE CARRIERS OR
BROKERS IN ADVANCE. OF PROPOSAL SUBMISSION TO DETERMINE THE AVAILABILITY OF
INSURANCE CERTIFICATES AND ENDORSEMENTS 1 THIS: CONTRACT.
A. LiabiRity, and Workers' Compensation Insurance
:1. Minlimum Scope &Covera,ge
Coverage must be at Least as broads. -
In surance Services Office General Liab,:"1Lity. coverage ("o,ccurrence, fm CG . Gral.
Liability .Ir surance Written on a "'ctairnsmade"' basisis not acceptable.
b. Insurance. Services Ofico:Business Auto Coverage, Insurance ServiI
cesOffice form: number CA
0001, covering Automoblite Liability, code 1 "any auto." Auto LiabItity written on a "ctainls-
made" basis *Is not acceptablet
c. Workers" Compensation insurance as required Lythe Labor Code of the State of California, and
Employer's Liabilityinsurance.
d. Professional Liability,, Inctuding Limited cont ractuat liability coverage., covering liability arising
lout oy negligent act, e.rror,,,MI*sta:':ke or ornission in the Performanice of Contractor's services
under this Contract. This 1overa
c ge must be cont inuousty maintained for a minimum of tlwo(z)
years following Co;Mptetion of this Contract. This coverage may be written on a "claim made
made':"'
basis, iff so, please see special provisions in Section'&
2. Mlnllmu�m L11mits of Insurance
Contractor must maintain timits no Less than:
Rev 0-531.24 Page 14 of 18
Exces ace) -$2 000,000 Limit peoccuence
a. Gen erat Liabitity ire ire UmbreLta/, s insur, nr rr
for bodily injury, personaL injury, and property damage. If a Gen -y erat Liabi'� ift or other form
witha generat aggre timid: is used, either the generat aggregate L mit must apply
ga I
separately to: this prpj*ect/t;ocat*on or the general aggregate limit must be tw the reqWred
a .1 LJ J
occurrence Limit. This requirement may be satisfied by combinat on: of Generat: Li b'
�ut
insurance with Excess or UmbrelLa polidies, b in no event may, the General LiabiLity
primary policy t Irnit per occurrence be tens than $2,000,000, untess UmbreUa/Excess
policies future Inception and exra
i` tion dates concurrent with the undertyin g 1poLicy
,p
"FotLow Form,," coverage, and a "Drop Down".
I
llll� 11 1 lipagpim 111111liqll
A
11110A
c. Wrorkers'Comper f
radon and EmpLoyer�s Liability: Statutory Workers",compensation Limits
and Employer's LiabMity, limits of $1,000,000,der acclin
det.
d. re ion Liabitity: $2,,00ro:0.0..
it e cta 'I'M.
0 each occurrence/aggregate minimurn Urn p ir
'th
This requirement may be satisfied by a combination of- ProfesslonaL Liability ins uran cew I
'Lity
Excess r
evenly the Professionat Liabi primary poticy.
oUmbrettapoLicie'S. but in no
t IM ic A
f it per o, currence be tess than $2,000,000,unless, Umbretla./Excess poticies fe-alure
inWftr
c& ion and expiration dates concurrent i h the underlying poL y , "Totlow Form ":
Pt
cov
ov, s era- pr I ton. ge, and a "'Drqp Down,"'
I Retention
3. Setf-lnsureld
B., Claims Ma.deProv1slons (not apptlicable to General Lilabiltilty, or Automobile Ulablitilty
Ctaims-made coverage 'is never acceptable for General LiabiLity or Auto Liability. Claims.- made may
be considered for Profession at, EnvironmentaUl?otLutio.n. or Cyber Liability. If coverage is, written on
a cLaims-rt ade basis, the Certificate of Insurance must cLearLy state so. In addition to atL other
coverage requirements, such poticy must provide that
Rev 05,31.24 Page 15of 18
1. The policy must be in effect as of the date of this Contract and the retroactive date must be no
Laterthan the date of this Contract.
C
2. If anympoticy is nhotrenewed or the retroactiVe date: of su hpoLicy,'s to be & anged,; ontracto r
must obtain or cause to: beobtained the broadest tree reporting period coverage avalLa,Me
in the commercial, insurance market. This extended reporting provision must i,cover at Least two
(2) years.
3. No pn*or,act.s excLusion may be added to the policy during the contract period.
i ci e 19 1 re
4., The Policy altows for reporting of err cums.-tances or in: *d n-ts- that m' ht give rise to future
claims.
T
hepoticiesrest containorbeen dorsedtocor�ta'n,t-,hefott.owing.p,rovisions-*
1. GeneratUabiffifty and Automobille Ulabli'Lity,
b
failure ems: ty i!m coverage
:p with -reporting provisions of the potic*es may not affect cove ge to
p
-rovided to VTA, its directors, officers,. officiats, emptoyees.or voLunteers.
c. ContraT ctors insurance must ap,pLy separateLyto each insured against whom claimis made
with respect to the Limits Of
or suit is broughtlexcept the insurer' tiabftit.y,
y
d. The General Liability Gen era -t. Aggregate Limit., must appt, per pro ect,riot per policy.
e. The General Liability policy must be endorsed to remove the e.-xctusion for railroad
tiabi"titie-s., with coverage at Least as broad as afforded by ISO G 224 17.
2. ALI Coverages
a. Theinsurer must agree to waive all rights of subrogation against VTAits directors, officers,
officials, emptoyees, and voLunteers for tosses arising from work performed by Contractor
and its subcontractors for VTA.
Rev 05.31.24 'Plage 16 of IS
D Contractor's, insurance coverage must be primary *insurance asrespects VTA,, its directors,
o
:
:iosuthat may be ffnicers, officiats emPtoy ees, and voLunteers. Self4 nsurance r in rance
maintained by VTA, its directors., officers, offidats, employees, or votuns may appLy
only as excess to Contractors insurance. Contractors insurance must not seek
ce p. ogm.
contribution from VT ins m u n r ra
3. Other Insurance Provislons
a. The Certificate must is t: the actual, amount of the DeductibLe or Seff-Insured
Retention
b. f any coverage. forms or endorsements required by this Contract are updated by their
pubtishers, whether they be the jnsuranGe carrjer(s).,, the InsuranCe Services ice,,or the
American AsSOGiation of Insurance Services, during the duration of th S Contract', VTA,
reservesthe right's to require; Contra ctor to procure said coverage forms or endors-em e nt s
using tted, versions upon the next renew atcycl
D. Acce, , a�b:l�L"Ity,o.f,;I.n,su�rer.-s
.Pt
Insurance and bond's must be ptaced: with insurers with, an A.M. Be s ratingof no Less than A V11
(financlat strength rating of no Less than.A and finars Gial, size category of- no, less than V11), unless
pec
s ifi prir iwi: ic or* tten aprprovat, has been granted by VTA.
:E. Certificates of.insurance
rer types of insuranc. h
The certificates must (1) identify the insu; s, the, ce the insurance Limits, tie
I S e I C
IR -11deductibtes :or Lack her and the policy term, (2) in: tude copies of all the actuat policy
ndoI Aj
ersements rewired herewith, and (3) in the "'-,certificate HoWerI" ,-
box incLude
Santa Ctara Valtey Transportation Authority ("VTA")
33,31 North First Street
1-7
In the Description of Operat*tons/Locatl:onsNehicLes�/Specrl:at Items Box the VTA Contract number
must appear, the List of poticies scheduted as undertying on the Umbretia /Excess poticymust be
listed
ertificate iters be named as, additionat -insured, and Waiver of Subrogabon must be
G
as stated in the Contract- Documentsr'
indicated. as endorsed to ate po cies,
Rev 5.x .24 Page 17 of 18
It is a condition precedent to award of this Contract that at insurance certificates and
endorsements be received and approved :by VT A beforeGontract execution. No work may be
TA, reserves the r'ghts to require co: ptete,
performed unfit insurance �is in fu -LL compLiance. V M
certified poples of attrequired insurance policles, at any time.
-the i ies required by th*s 'EAU maybe
If Contractor receives notice that any of insurance Li I It
canceLted or coverage reduced for any reason: whatsoever, Contractor must imine dlatety, provide
written notice to VTA that such insurance PoLicy required by this:Exhibit is ea Bete or coverageis
reduced.
F. Maintenance : of In.surance
ay s: s p
If Contractor faits- to maintain insurance as required h- erei in, VTA, at its opton . m: u end
p
:ayment for work performed and/or may order Contra c tor to us ern work at Contractor- expense
untit a new potillcy, of insurance ,i , si in effect.
EdN
: i 'Rev. 10-1-19
Rev 5.3 .24 Page 18 of 18