Item 12 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Agreement with Santa Clara County Bar Association for Rental Dispute Resolution ServicesCOUNCIL AGENDA REPORT
DATE: May 26, 1998
TO: MAYOR AND T
FROM: TOWN MANAGER
MEETING DATE: 6/1/98
ITEM NO. ic:71....%
SUBJECT: ADOPT RESOLUT)ON AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH SANTA CLARA COUNTY BAR ASSOCIATION FOR RENTAL
DISPUTE RESOLUTION SERVICES
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an agreement with Santa Clara County Bar Association for
Rental Dispute Resolution Services.
BACKGROUND:
The Rental Dispute Resolution Program was established to administer Los Gatos Municipal Code Sections 14.80 and
14.85, "Rental and other Tenant/Landlord Disputes". The Ordinance outlines a process for resolving disagreements
between tenants and property owners. The ordinance also places limits on rents with the objective of preventing
excessive rent increases while assuring rental property owners a fair and reasonable return on investment.
The City of Campbell and the Town of Los Gatos have contracted with Information and Referral Services, Inc. (I & R)
to administer our respective Rental Dispute Resolution Programs since their beginnings fifteen years ago.
DISCUSSION:
Campbell and Los Gatos staff jointly prepared a request for proposal for Program services. Four local nonprofit agencies
submitted bids ranging from $57,600 to $67,774 to provide services to both cities. (Please see attached table.) All the
agencies provide dispute resolution services. Los Gatos Mediation Services is currently an all -volunteer agency with
minimal tenant/landlord services. This proposal was not considered to satisfactorily meet our needs.
Staff recommends that the Town contract with Santa Clara County Bar Association for the following reasons:
► experience with alternative dispute resolution services
► program support services from trained legal staff
► reasonable cost
It is recommend that Council enter into a contract with Santa Clara County Bar Association from July 1, 1998, to June
30, 1999, with a provision for two one-year extensions.
PREPARED BY:
csd34A:1cnclrpts\rentdi rpt
Reviewed by: J; — Atto
Regina A. F
Community Director
inance
Revised: 5/26/98 9:28 am
Reformatted: 10/23/95
DEPTMENT:
AGENDA ITEM:
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AIR
RESO/ORD NUMBER: r )
BY
DATE
LIST IN BOOK
ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
y
MAIL TO DISTRIBUTION LIST
I
NO.of COPIES:
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
.
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE
ctk:at6:kotberloedres2
OF ZE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
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RESOLUTION
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PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: D7: RESO-ORD
RESOLUTION 1998 - 77
ROF THE TOWN OF ESOLUTION OF THE TOWN COUNCIL
EXECUTE LOS GATOS AUTHORIZING THE TOW
AN AGREEMENT WITH SANTA CLARA COUNTY BAR ASSOCIATION
FOR RENTAL DISPUTE RESOLUTIONN MANAGER TO
SERVICES
THE TOWN COUNCIL OF THE TOWN
FOLLOWS; OF LOS
GATOS RESOLVES AS
WHEREAS, the Tow
n desires to continue s
within the Town of specialized services for resolving
tenant/landlord disputes
Los Gatos; and
WHEREAS, the Town of
Los Gatos solicited competitive bids from
and, qualified agencies
providing dispute resolution services;
WHEREAS, the Town finds Santa Clara County Bar Association's
needs; and,
proposal best
WHEREAS, there is a need to continue the program
volume of calls for information p gram services
and referral and ces due to a continuing large
filed; a large number of petitions for dispute resolution
NOW THEREFORE, BE IT
RESOLVED that the Town
y authorize the Town Council of the Towel of Los
Gatos does hereb
Bar Association for Manager to execute an agreement with
Rental Dispute Resolution Services Santa Clara County
authorizes the Town Manager to execute Agree (atta.ched
as exhibit and further
they conform to rnent Amendments extendin
the Council adopted budget, g the term as long as
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of June, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABS ENT: None
ABSTAIN: None
SIGNED: /s/ Linda Lubeck
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR RENTAL DISPUTE RESOLUTION SERVICES
Exhibit A
P6R:96,obb
THIS AGREEMENT is entered into this day of , 1998, by
and between the Town of Los Gatos, State of California, herein called the "Town", and Santa
Clara County Bar Association, engaged in providing RentalDispute Resolution services herein
called the "Contractor".
RECITALS
A. The Town desires to engage a Contractor to provide services in conjunction with
tenant/landlord dispute resolution services, because of Contractor's experience and
qualifications to perform the desired work.
B. The Contractor represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services
The Contractor shall:
a. Implement Town Code Article VIII. Rental and Other Landlord/Tenant Disputes,
Sections 14.80.010 through 14.80.315; Article VIII.V. Mobile Home Rental and
Other Tenant/Land Disputes, Sections 14.85.010 through 14.85.415.
b. During the hours of 9:00 A.M. to 4:30 P.M. every weekday, maintain and staff at
least one telephone line at its office located at 4 North Second Street, Suite 400
San Jose, California 95113, provide information to persons with questions
regarding landlord and tenant relations concerning property located in the Town; refer
such persons to appropriate agencies, persons or groups; and/or advise them of
Program services. Contractor shall send Program information upon request.
c. Upon receiving a petition describing a conflict situation deemed to be appropriate
for the dispute resolution process, Contractor staff shall:
• provide conciliation services via telephone or mail
• coordinate mediation when conciliation is not sufficient
• coordinate arbitration hearing when the dispute is not resolved at the
mediation level
d. Keep complete and accurate records regarding requests for landlord/tenant
services under the terms of this Agreement and compile monthly statistics in
a format approved by the Community Services Director. Statistics shall include, but
not be limited to, the number, resolution, and the outcome of the petitions filed.
These statistics shall be sent to the Community Services Department each quarter.
e. Advise the Town from time to time and at its request, as to the status of the
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Page 1 of 7
program and the progress made in easing tensions in the Los Gatos rental housing
community. The Town shall at all times have access to program records
maintained by Contractor and shall be allowed to observe the employees taking
Los Gatos calls at its office.
f. Provide an adequate number of trained mediators. Supervise and monitor their
performance including but not limited to time spent per case. And, maintain an
accurate list of trained mediators including their telephone numbers, addresses and
other relevant data.
g. Provide all forms, documents, and other materials required for the proper keeping
of Program records.
h. Obtain advance written Town approval of all advertising, publicity, and other
materials describing the Program to the general public.
i. Coordinate community education with Town staff.
j. Attend Rent Advisory Committee meetings; participate in policy discussions; and
make policy and administrative recommendations.
k. At the beginning of the contract year, provide the Town with written notice of
holidays for the fiscal year. At least two (2) working days prior to a holiday,
Contractor shall provide a tape recorded message informing callers that the office
will be closed and the day it will reopen.
1. Prepare and submit to the Town an Annual Report including, but not limited to, all
data and statistics required in Paragraphs I.A.2.a no later than August 15 of each
year.
m. Coordinate with and assist Town Attorneys office in any litigation arising out of
any petition processed pursuant to this Agreement.
n. Provide for mediation and arbitration services. First two hours of each session is
included within monthly base fee of $2,279.16. Mediation/Arbitration services
beyond the two hour standard will be reimbursed at the mediator/arbitrators hourly
fee up to a maximum $1, 800.00 for the full term of this Agreement.
2. Time of Performance. The services of the Contractor are to commence July 1, 1998, and
continue to June 30, 1999. The contract may be extended for one year through June 30,
2000, and for another year through June 30, 2001, upon mutual agreement of the parties
as evidenced by an amendment approved in the same manner as this Agreement.
3. Compliance with Laws. The Contractor shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Contractor
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Contractor to practice.
Contractor represents and warrants to Town that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement any
licenses, permits, and approvals which are legally required for Contractor to provide the
services required by this Agreement. Contractor shall maintain a Town of Los Gatos
business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
4. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
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Page 2 of 7
5. Information/Report Handling. All documents furnished to Contractor by the Town and all
reports and supportive data prepared by the Contractor under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Contractor's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Contractor in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Contractor shall not make any of the these documents or information available to any
individual or organization not employed by the Contractor or the Town without the written
consent of the Town before such release.
6. Compensation. Compensation for Contractor's professional services shall not exceed
$29,150 as reflected in Exhibit A; and payment shall be based upon Town approval in
accordance with Exhibit B.
7. Availability of Records. Contractor shall maintain the records supporting this billing for
not less than three (3) years following completion of the work under this Agreement.
Contractor shall make these records available to authorized personnel of the Town at the
Contractor's offices during business hours upon written request of the Town.
8. Project Manager. The Project Manager for the Contractor for the work under this
Agreement shall be Christine A. Burdick, Executive Director.
9. Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Contractor. No portion of these services shall be assigned or
subcontracted without the prior written consent of the Town.
10. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town:
To Contractor:
Regina A. Falkner
Community Services Director
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
Christine A. Burdick
Executive Director
Santa Clara County Bar Association
4 North Second Street, Suite 400
San Jose, CA 95113
or personally delivered to Contractor to such address or such other address as Contractor
designates in writing to Town.
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Page 3 of 7
11. Independent Contractor. It is understood that the Contractor, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Contractor may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement.
Contractor agrees to testify in any litigation brought regarding the subject of the work to
be performed under this Agreement.
12. Conflict of Interest. Contractor understands that its professional responsibilities is solely
to the Town. The Contractor has and shall not obtain any holding or interest within the
Town of Los Gatos. Contractor has no business holdings or agreements with any
individual member of the Staff or management of the Town or its representatives nor shall
it enter into any such holdings or agreements. In addition, Contractor warrants that it does
not presently and shall not acquire any direct or indirect interest adverse to those of the
Town in the subject of this Agreement, and it shall immediately disassociate itself from
such an interest should it discover it has done so and shall, at the Town's sole discretion,
divest itself of such interest. Contractor shall not knowingly and shall take reasonable
steps to ensure that it does not employ a person having such an interest in this performance
of this Agreement. If after employment of a person, Contractor discovers it has employed
a person with a direct or indirect interest that would conflict with its performance of this
Agreement, Contractor shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
13. Equal Employment Opportunity. Contractor warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Contractor nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
14. Insurance.
a. Minimum Scope of Insurance:
i. Contractor agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property
damage.
ii. Contractor agrees to have and maintain for the duration of the contract, an
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Page 4 of 7
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Contractor shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Contractor agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
iv. Contractor agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
is sufficient to insure Contractor for professional errors or omissions in the
performance of the particular scope of work under this agreement.
b. General Liability:
i. The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Contractor; products and completed operations of
Contractor, premises owned or used by the Contractor. This requirement
does not apply to the professional liability insurance required for
professional errors and omissions.
ii. The Contractor's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance
or self -insurances maintained by the Town, its officers, officials, employees
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Contractor's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
c. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Town. Current certification of such
insurance shall be kept on file at all times during the term of this Agreement with
the Town Clerk.
d. In addition to these policies, Contractor shall have and maintain Workers'
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Page 5 of 7
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement.
Further, Contractor shall ensure that all subcontractors employed by Contractor
provide the required Workers' Compensation insurance for their respective
employees.
16. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions
of the Contractor, or any of the Contractor's officers, employees, or agents or any
subContractor.
17. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
18. Mediation/Arbitration. If a dispute arises from or relates to this contract or the breach
thereof and the dispute cannot be settled through direct discussions, the parties agree, prior
to filing any legal action, to settle the dispute in an amicable manner by mediation. The
mediator shall be chosen by mutual agreement of the parties. Thereafter, any unresolved
claim or controversy arising from or related to this contract or breach thereof shall be
settled by binding arbitration, and judgment on the award rendered by the arbitrators may
be entered in Superior or Municipal Court of the County of Santa Clara, whichever court
has jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the
parties. The costs of the mediation and/or arbitration shall be shared equally between the
parties.
19. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of the County of Santa Clara.
20. Termination of Agreement. The Town and the Contractor shall have the right to terminate
this agreement with or without cause by giving not less than ninety (90) days written notice
of termination. In the event of termination, the Contractor shall deliver to the Town all
plans, files, documents, reports, performed to date by the Contractor. In the event of such
termination, Town shall pay Contractor an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement pursuant to Exhibit A and B hereto, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
21. Amendment. No modification, waiver, mutual termination, or amendment of this
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Page 6 of 7
Agreement is effective unless made in writing and signed by the Town and the Contractor.
22. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, as well as costs included in Exhibit A.
23. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
the Agreement between the Town and Contractor. No terms, conditions, understandings
or agreements purporting to modify or vary this Agreement, unless hereafter made in
writing and signed by the party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, the Town and Contractor have executed this Agreement as of
the date indicated on page one (1).
David W. Knapp, Town Manager Christine A. Burdick, Executive Director
Town of Los Gatos Santa Clara County Bar Association
ATTEST:
Clerk of the Town of Los Gatos, Approved as to Form:
Los Gatos, California
Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney
Revised: May 26, 1998
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Page 7 of 7
Exhibit A
BUDGET
LOS GATOS RENT DISPUTE RESOLUTION PROGRAM
JULY 1, 1998 - JUNE 30, 1999
Description
Rate
Maximum FY 1998/99
Payment
ADR Services
$2,279.16 per
month
$27,350.00
ADR Services are described in
Agreement Section 1. Scope of Services,
pages 1 and 2.
Mediator/Arbitrator
Reimburseme
nt of mediator/
arbitrators
hourly fee not
to exceed
$150 per
hour.
$ 1,800.00
Mediator/Arbitrator services of up to 2
hours per sessions are included in the
monthly base fee of $2,280.00.
Mediator/Arbitrator services beyond the
two-hour standard will be reimbursed at
the mediator/arbitrators rate.
Total Project
$29,150.00
CSD34A: CNCLRPTS\RENTDI S. RPT
EXHIBIT B
PAYMENTS TO CONTRACTOR
I. GENERAL. TOWN agrees to pay CONTRACTOR for the performance of the services,
work, and duties, subject to and performed in connection with the Agreement a sum of
money not to exceed the amount set forth in the "Budget" attached to the Agreement. These
payments are made on a monthly or quarterly basis pursuant to the Agreement. The
statement or statements requesting payment shall be in a form approved by the Town, and
the CONTRACTOR shall specify in detail the services performed by the CONTRACTOR
during the month or quarter for which payment is sought. In no event shall the
CONTRACTOR overrun the total budget for any quarter without obtaining prior written
approval from the TOWN.
II. TOWN REVIEW. It shall be the policy of the Town to pay promptly (net 30 days) all bills
which become due and payable by the Town. Payment to the CONTRACTOR shall be made
30 days after receipt by TOWN of the monthly or quarterly reports required by the
Agreement. The CONTRACTOR'S invoice must include a purchase order number. The
TOWN will determine whether payment can be made under the Agreement and may rely
upon the certification by CONTRACTOR that the items appearing on the statement and its
supporting data are eligible items under the PROGRAM. However, no such determination
shall constitute a waiver by the TOWN of its right to recover from CONTRACTOR any
monies paid on items that were not eligible to payment under the PROGRAM and the
Agreement. The total amount of payments made to the CONTRACTOR shall be distributed
as shown in the "Budget" attached to the Agreement.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH SANTA CLARA COUNTY BAR ASSOCIATION FOR RENTAL
DISPUTE RESOLUTION SERVICES
May 26, 1998
ENVIRONMENTAL ASSESSMENTS:
This project is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
$29,150 will be included in the proposed 1998-99 operating budget, program 8010, account #'s 61030 and 61193,
pending budget approval as follows:
A ount
Project Account
Proposed
rr�W (Wain
8010
cc
61193
----�---
RENT
61193
-
$ 27,350.00
8010
61030
RENT
61030
$ 1,800.00
$ 29,150.00
I I Total Project
Attachments:
I. Proposals for Tenant/Landlord Services
2. Draft Resolution
Distribution:
1. Elaine Lyne, Los Gatos Mediation Services, 15619 Los Gatos Blvd., Los Gatos, CA 95032
2. Christine Burdick, Santa Clara County Bar Assoc., 4 North Second Street, San Jose, CA 95113
3. Patricia L. Draper, Information & Referral Services, Inc., 1245 S. Winchester Blvd, Ste. 200, San Jose, CA 95128
4. Ann Marquart, Project Sentinel, Inc., 430 Sherman Avenue, Suite 308, Palo Alto, CA 94306
5. Sharon Teeter, City of Campbell, 70 North First Street, Campbell, CA 95008