Item 14 Staff Report Adopt Resolution Authorizing the Town Manager to Execute:COUNCIL AGENDA
DATE: July 20, 1992
ITEM NO. /
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 16, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983,
AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR
IMPLEMENTING THE RENT MEDIATION PROGRAM; AND, 2) AMENDMENT TO JULY
1, 1991, AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR IMPLEMENT-
ING THE BELOW MARKET PRICE HOUSING PROGRAM
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute: 1) Amendment to March 1, 1988, Amendment
to September 6, 1983, Agreement with Information and Referral Services (I&R) for implementing the Rent
Mediation Program; and 2) Amendment to July 1, 1991, Agreement with Community Housing Developers
(CHD) for implementing the Below Market Price (BMP) Housing Program.
DISCUSSION:
Rent Mediation Program
The Town contracts with I&R to implement the Rent Mediation Program. The program's purpose is to
enforce Article 8 of the Town Code entitled, "Rental and other Tenant/Landlord Disputes", using the Rental
Dispute Regulations (policies and procedures) as the guiding tool. The contract has been in place since
November 1980 and is amended annually to reflect budget and scope of service changes. The program
is approved by Council with the adoption of the Community Services Department's annual operating budget.
The FY 1992-93 budget for the Rent Mediation Program administered by I&R totals $31,750. The scope
of services remains the same with the target figures comparable to the FY 1991-92 actuals.
Below Market Price Housing Program
In November 1988, the Council adopted a resolution authorizing the Town Manager to enter into an
agreement with CHD to implement the Town's BMP Housing Program. The program's purpose is to
administer the Town's Inclusionary Zoning Ordinance. The attached amendment to the agreement extends
PREPARED BY: Regina A. FaI
Community
RAF:dr
CSD05:A:\CNCLRPTS\AMENDI&R.CHD
es Director
7/16/92 2:46 pm
File #
ATTACHMENT: 1. Draft Resolution
DISTRIBUTION: Information and Referral Services, Inc., 1245 So. Winchester Blvd., #200, San Jose 95128
Community Housing Develop- 255 N. Market, Ste. 290, San Jose 95110
Reviewed by:. Attorney Ck2ik
COUNCIL ACTION/ACTION DIRECTED TO:
Finance Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983, AGREEMENT WITH
INFORMATION AND REFERRAL SERVICES, INC., FOR IMPLEMENTING THE RENT MEDIATION PROGRAM;
AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR
IMPLEMENTING THE BELOW MARKET PRICE HOUSING PROGRAM
July 17, 1992
FISCAL IMPACT:
The Rent Mediation and BMP Programs are self-supporting. Property owners are charged $18.00 per unit
for lots containing three or more units to offset the cost of the Rental Mediation Program (2217-61004) .
Costs of the BMP Program are paid from fees contributed by developers in -lieu of building affordable units.
The BMP budget for FY 1992-93 is $12,000 (2216-61004). The I&R budget for FY 1992-93 is $31,750 (2217-
61004).
AITALHMhNT 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE: 1) AMENDMENT TO MARCH 1,
1988, AMENDMENT TO SEPTEMBER 6, 1983, AGREEMENT WITH INFORMATION
AND REFERRAL SERVICES, INC., FOR IMPLEMENTING THE RENT MEDIATION
PROGRAM; AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH
COMMUNITY HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET
PRICE HOUSING PROGRAM - FISCAL YEAR 1992-1993
WHEREAS, TOWN AND INFORMATION AND REFERRAL SERVICES,
INC., (I&R) executed an Agreement for provision of landlord/tenant
conflict resolution service on September 6, 1983; and
WHEREAS, TOWN and I&R executed an Amendment to the
Agreement on March 1, 1988, ("the Amendment") to extend the
agreement one year, add Exhibits A and B and make general
clarifications; and
WHEREAS, TOWN and I&R executed further Amendments to the
Amendment to continue services through June 30, 1992; and
WHEREAS, TOWN AND COMMUNITY HOUSING DEVELOPERS (CHD)
executed an Agreement for provision of Below Market Price Housing
Program services in November 1988 for the period from January 1,
1989, through June 30, 1990 and amendments to extend services
through June 30, 1992;
CS008:A:\RESOS\CS072092.R01
-1-
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE that the Town Manager be and is authorized to
execute 1) Amendment to March 1, 1988, Amendment to September 6,
1983, Agreement with Information and Referral Services, Inc. for
provision of landlord/tenant conflict resolution services,
effective July 1, 1992, through June 30, 1993, attached as Exhibit
A; and, 2) Amendment to July 1, 1991, Agreement with Community
Housing Developers for implementing the Below Mark Price Housing
Program, attached as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 20th day
of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS072092.R01
-2-
LXH1BIl A
AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983, AGREEMENT
BY AND BETWEEN THE TOWN OF LOS GATOS
AND INFORMATION & REFERRAL SERVICES, INC.
FOR PROVISION OF LANDLORD/TENANT
CONFLICT RESOLUTION SERVICE
FISCAL YEAR 1992-93
This AMENDMENT TO THE MARCH 1
AGREEMENT is entered into this 20th
LOS GATOS, a municipal corporation ("
INC. ("I&R").
, 1988, AMENDMENT TO THE SEPTEMBER 6, 1983,
day of July, 1992, by and between TOWN OF
TOWN") and INFORMATION & REFERRAL SERVICES,
WHEREAS, TOWN and I&R executed an Agreement for provision of
landlord/tenant conflict resolution service on September 6, 1983, ("Agreement");
and
WHEREAS, TOWN and I&R executed an Amendment to the Agreement on March 1,
1988, ("the Amendment") to extend the agreement one year, add Exhibits A and B
and make general clarifications; and
WHEREAS, TOWN and I&R executed further amendments to
continue services through June 30, 1992; and
the Amendment to
WHEREAS, TOWN and I&R wish to continue this contractual relationship for
the Council -approved program;
NOW THEREFORE, THE PARTIES AGREE to amend the Amendment as follows:
1. Amendment Exhibits A and B shall be replaced by attached
Exhibits A and B.
2. Section III shall be amended to read:
This Agreement will terminate June 30, 1993.
3. The terms and conditions of the original Amendment and
Agreement, except as herein amended, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for provision of landlord/tenant conflict resolution service on the
date written above, effective retroactively to July 1, 1992.
APPROVED AS TO FORM: TOWN OF LOS GATOS
Katherine Anderton David W. Knapp
Town Attorney Town Manager
ATTEST:
INFORMATION & REFERRAL
SERVICES, INC.
Marian V. Cosgrove Harryette Shuell
Town Clerk Executive Director
APPROVED AS TO CONTENT:
Regina A. Falkner
Community Services Director
CSD01:A:\contract\INFORREF.AMD
l NFORMATI N & REFERRAL ;
i V I C E INCL
1245 South Winchester Blvd., #200
San Jose. CA 95128
Telephone: (408) 345-4532
Fax: (408) 243-0285
ieniur I&R (408) 345-4532
.gatekeeper (408) 345-4532
ienior Friendship Line (408) 243-8567
Los Gatos & Campbell
-tent Mediation Program (408) 243-8565
To: Regina Falkner
Town of Los Gatos
From: Harryette Shuell
Information and Referral Services, Inc.
Re: 1992-93 Scope of Services
Los Gatos Rent Mediation
The Los Gatos Rent Mediation program of Information and Referral
Inc. will provide the following services for the residents and/or owners Services,
approximately 2200 rental units covered under the Rent Mediation Odinthe
onn
ce.
INDICATORS 1989-90 1990-91
Actual 1991-92 1992-93
Actual Estimate Target
•
LXH1BIT A
March 25, 1992
Telephone Conciliation 21
17 10 10
Mediations Held 8
9 5 5
Arbitrations Held 1
4 1 1
We are requesting that while the Total budget amount remain the
same, that
Tine items for T/L Coordinator be increased $500 and Equipment
$200 while
line item for mediators and arbitrators be reduced $700. See attached:
hed:
Tenant/Landlord
Counseling Units 1680
2640 2000 2000
# of Petitions filed 21
17 10 10
L INK ING PEOPLE TO
SER V 1 C E
S
EXHIBIT A
LOS GATOS RENT MEDIATION
PROPOSED BUDGET
July 1, 1992 - June 30 1993
PERSONNEL
Executive Director $ 3,500
Clerical/Adm. Support 2,970
T/L Coordinator 11,750
Bookkeeper 560
Fringe Benefits 3,000
Sub Total $ 21,780
NON -PERSONNEL
Rent $ 4,000
Telephone 1,200
Supplies 650
Equipment 960
Printing 200
Insurance 400
Postage 400
Mileage 100
Misc. 260
Sub Total $ 8,170
CONTRACT SERVICES
Accounting/Audit 800
Mediators/Arbitrators 1,000
Sub Total $ 1,800
TOTAL $ 31,750
EXHIBIT B.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
Rsv1s•d August 9, 1991
Rsv1.w.d July 6, 1992 24
-2-
or eliminate such deductibles or self -insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related investiga-
tions, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
Revised August 9, 1991
25
Reviewed July 6, 1992
-3-
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, 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.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation -related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
G SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all
of the requirements stated herein.
C5013:A:`CONTRACT\COBGAgrst,'93
R•vts.d August 9, 1991 2 6
Reviewed July 6, 1992
EXHIBIT B
AMENDMENT TO AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND COMMUNITY HOUSING DEVELOPERS
FOR COMMUNITY SERVICES - FISCAL YEAR 1992-93
This AMENDMENT TO AGREEMENT is entered into this day of , 1992,
by and between TOWN OF LOS GATOS, a municipal corporation ("TOWN") and COMMUNITY
HOUSING DEVELOPERS, a nonprofit corporation ("CONTRACTOR").
WHEREAS, TOWN and CONTRACTOR executed an Agreement for services necessary
to implement the Town's Below Market Price Program from January 1, 1989, through
June 30, 1990 and executed Amendments to the Agreement to continue services
through June 30, 1992; and
WHEREAS, the Town Council and Community Housing Developers wish to continue
this contractual relationship for the Council -approved program;
NOW, THEREFORE THE PARTIES AGREE:
1. The term of the contract shall be extended from July 1, 1992, through
June 30, 1993.
2. Exhibit E Section 1.01- Payments to Contractor is amended to require
submittals and payment as follows:
Semi -Annual Performance Report Due Payment Date
(July -December) January 15, 1993 February 12, 1993
(January -June) July 15, 1993 July 30, 1993
3. The terms and conditions of the original Agreement and the subsequent
amendment, except as herein amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for community services on the date written above, effective July 1,
1992.
APPROVED AS TO FORM:
TOWN OF LOS GATOS
Katherine Anderton David W. Knapp
Town Attorney Town Manager
ATTEST:
COMMUNITY HOUSING DEVELOPERS
Marian V. Cosgrove Ronald Morgan
Town Clerk
APPROVED AS TO CONTENT:
Regina A. Falkner
Community Services Director
CS013:A:\CONTRACT\COMHOUS.DEV
Executive Director
RESOLUTION 1992-133 a
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983,
AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR
IMPLEMENTING THE RENT MEDIATION PROGRAM;
AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY
HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET
PRICE HOUSING PROGRAM - FISCAL YEAR 1992-1993
WHEREAS, TOWN AND INFORMATION AND REFERRAL SERVICES, INC.,
(I&R) executed an Agreement for provision of landlord/tenant conflict resolution service
on September 6, 1983; and
WHEREAS, TOWN and I&R executed an Amendment to the Agreement on
March 1, 1988, ("the Amendment") to extend the agreement one year, add Exhibits A and
B and make general clarifications; and
WHEREAS, TOWN and I&R executed further Amendments to the
Amendment to continue services through June 30, 1992; and
WHEREAS, TOWN AND COMMUNITY HOUSING DEVELOPERS
(CHD) executed an Agreement for provision of Below Market Price Housing Program
services in November 1988 for the period from January 1, 1989, through June 30, 1990 and
amendments to extend services through June 30, 1992;
CS008:A: \RESOS\CS072092.133
-1-
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE that the Town Manager be and is authorized to
execute 1) Amendment to March 1, 1988, Amendment to September 6, 1983, Agreement
with Information and Referral Services, Inc. for provision of landlord/tenant conflict
resolution services, effective July 1, 1992, through June 30, 1993, attached as Exhibit A; and,
2) Amendment to July 1, 1991, Agreement with Community Housing Developers for
implementing the Below Mark Price Housing Program, attached as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th day of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN: Brent N. Ventura
SIGNED:
A 1'1'EST:
/s/ Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSDO8:A:\RESOS\CS072092.133
-2-
fin •-•
RFC'" - / 3
BI`)
AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983, AGREEMENT
BY AND BETWEEN THE TOWN OF LOS GATOS
AND INFORMATION & REFERRAL SERVICES, INC.
FOR PROVISION OF LANDLORD/TENANT •
CONFLICT RESOLUTION SERVICE
FISCAL YEAR 1992-93
This AMENDMENT TO THE MARCH 1, 1988, AMENDMENT TO THE SEPTEMBER 6, 1983,
AGREEMENT is entered into this 20th day of July, 1992, by and between TOWN OF
LOS GATOS, a municipal corporation ("TOWN") and INFORMATION & REFERRAL SERVICES,
INC. ("I&R").
WHEREAS, TOWN and I&R executed an Agreement for provision of
landlord/tenant conflict resolution service on September 6, 1983, ("Agreement");
and
WHEREAS, TOWN and I&R executed an Amendment to the Agreement on March 1,
1988, ("the Amendment") to extend the agreement one year, add Exhibits A and B
and make general clarifications; and
WHEREAS, TOWN and I&R executed further amendments to the Amendment to
continue services through June 30, 1992; and
WHEREAS, TOWN and I&R wish to continue this contractual relationship for
the Council -approved program;
NOW THEREFORE, THE PARTIES AGREE to amend the Amendment as follows:
I. Amendment Exhibits A and B shall be replaced by attached
Exhibits A and B.
2. Section III shall be amended to read:
This Agreement will terminate June 30, 1993.
3. The terms and conditions of the original Amendment and
Agreement, except as herein amended, shall remain in
full force and effect.
IN WITNESS WHEREOF,the parties have executed this Amendment co the
Agreement for provision of landlord/tenant conflict resolution service on the
date written above, effective retroactively to July 1, 1992.
APPROVED AS TO FORM: TOWN OF LOS GATOS
Katherine Anderton David W. Knapp
Town Attorney Town Manager
ATTEST:
INFORMATION & REFERRAL
SERVICES, INC.
Marian V. Cosgrove Harryette Shuell
Town Clerk
APPROV_.i AS TO CONTENT:-
e 1 A. _ !r
Copity Services Director
CS001;A:\contract\INFORREF.A10
Executive Director
INFORMATIO & REFERRAL
ienior MR (408) 345-4532
:gatekeeper (408) 345-4532
ienior Friendship Line (408) 243-8567
Lob Gatos & Campbell
tent Mediation Program (408) 243-8565
To:
From:
Re:
1245 South Winchester Blvd., #200
San Jose, CA 95128
Telephone: (408) 345-4532
Fax: (408) 243-0285
Regina Falkner
Town of Los Gatos
•
Harryette Shuell
Information and Referral Services,
1992-93 Scope of Services
Los Gatos Rent Mediation
Inc.
R V I C E S, I N C.
EXHIBIT A
March 25, 1992
The Los Gatos Rent Mediation program of Information and Referral Services,
Inc. will provide the following services for the residents and/or owners of the
approximately 2200 rental units covered under the Rent Mediation Ordinance.
INDICATORS
1989-90 1990-91 1991-92 1992-93
Actual Actual Estimate Target
Tenant/Landlord
Counseling Units 1680 2640 2000 2000
# of Petitions filed 21 17 10 10
Telephone Conciliation 21 17 10 10
Mediations Held 8 9 5 5
Arbitrations Held 1 4 1 1
We are requesting that while the Total budget amount remain the same, that
line items for T/L Coordinator be increased $500 and Equipment $200 while
line item for mediators and arbitrators be reduced $700. See attached:
L INK ING PEW E TO SER VICES
LOS GATOS RENT MEDIATION
PROPOSED BUDGET
July 1, 1992 - June 30 1993
PERSONNEL
Executive Director
ClencaVAdm. Support
T/L Coordinator
Bookkeeper
Fringe Benefits
Sub Total
NON -PERSONNEL
$ 3,500
2,970
11,750
560
3,000
$ 21,780
Rent $ 4,000
Telephone 1,200
Supplies 650
Equipment 960
Printing 200
Insurance 400
Postage 400
Mileage 100
Misc. 260
Sub Total $ 8,170
CONTRACT SERVICES
Accounting/Audit
Mediators/Arbitrators
Sub Total
TOTAL
800
1,000
$ 1,800
$ 31,750
EAHIdIT A
EXHIBIT B.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
R.vis.d August 9, 1991
R.view.d July 6, 1992 24
or eliminate such deductibles or self -insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related investiga-
tions, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
Rsvis.d August 9, 1991
25
R.view.d July 6, 1992
-3-
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, 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.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation -related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
G. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all
of the requirements stated herein.
CSD13:A:\CONTRACT\CDBGAgrs.•93
Revised August 9, 1991
Reviewed July 6, 1992 26
RESOLUTION 1992-133 b
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983,
AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR
IMPLEMENTING THE RENT MEDIATION PROGRAM;
AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY
HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET
PRICE HOUSING PROGRAM - FISCAL YEAR 1992-1993
WHEREAS, TOWN AND INFORMATION AND REFERRAL SERVICES, INC.,
(I&R) executed an Agreement for provision of landlord/tenant conflict resolution service
on September 6, 1983; and
WHEREAS, TOWN and I&R executed an Amendment to the Agreement on
March 1,-1988, ("the Amendment") to extend the agreement one year, add Exhibits A and
B and make general clarifications; and
WHEREAS, TOWN and I&R executed further Amendments to the
Amendment to continue services through June 30, 1992; and
WHEREAS, TOWN AND COMMUNITY HOUSING DEVELOPERS
(CHD) executed an Agreement for provision of Below Market Price Housing Program
services in November 1988 for the period from January 1, 1989, through June 30, 1990 and
amendments to extend services through June 30, 1992;
CSD08:A: \RESOS\CS072092.133
-1-
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE that the Town Manager be and is authorized to
execute 1) Amendment to March 1, 1988, Amendment to September 6, 1983, Agreement
with Information and Referral Services, Inc. for provision of landlord/tenant conflict
resolution services, effective July 1, 1992, through June 30, 1993, attached as Exhibit A; and,
2) Amendment to July 1, 1991, Agreement with Community Housing Developers for
implementing the Below Mark Price Housing Program, attached as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th day of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED:
/s/ Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
All EST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08: A:\RESOS\CS072092.133
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AMENDMENT TO AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND COMMUNITY HOUSING DEVELOPERS
FOR COMMUNITY SERVICES - FISCAL YEAR 1992-93
This AMENDMENT TO AGREEMENT is entered into this day of , 1992,
by and between TOWN OF LOS GATOS, a municipal corporation ("TOWN") and COMMUNITY
HOUSING DEVELOPERS, a nonprofit corporation ("CONTRACTOR").
WHEREAS, TOWN and CONTRACTOR executed an Agreement for services necessary
to implement the Town's Below Market Price Program from January 1, 1989, through
June 30, 1990 and executed Amendments to the Agreement to continue services
through June 30, 1992; and
WHEREAS, the Town Council and Community Housing Developers wish to continue
this contractual relationship for the Council -approved program;
NOW, THEREFORE THE PARTIES AGREE:
1. The term of the contract shall be extended from July 1, 1992, through
June 30, 1993.
2. Exhibit E Section 1.01- Payments to
submittals and payment as follows:
Semi -Annual Performance Report Due
(July -December) January 15, 1993
(January -June) July 15, 1993
Contractor is amended to
Payment Date
February 12, 1993
July 30, 1993
require
3. The terms and conditions of the original Agreement and the subsequent
amendment, except as herein amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for community services on the date written above, effective July 1,
1992.
APPROVED AS TO FORM: TOWN OF LOS GATOS
Katherine Anderton David W. Knapp
Town Attorney Town Manager
ATTEST:
COMMUNITY HOUSING DEVELOPERS
Marian V. Cosgrove Ronald Morgan
Town Clerk
APPROVED AS TO CONTENT:
% ,.„I JAI401
.�. A.
Servic-s Director
C5013:A:\CONTRACT\COMNOUS.DEV
Executive Director
INFORMATION dt. REFERRAL S E ,c V I C E S, I N C.
I&R
(KK)
1245 South Winchester Blvd., #200
San Jose, CA 95128
Telephone: (408) 345-4532
Fax: (408) 243-0285
senior I&R (408) 345-4532
Gatekeeper (408) 345-4532
icnior Friendship Line (408) 243-8567
Los Gatos & Campbell
-tent Mediation Program (408) 243-8565
To: Regina Falkner
Town of Los Gatos
From: Harryette Shuell
Information and Referral Services, Inc.
Re: 1992-93 Scope of Services
Los Gatos Rent Mediation
The Los Gatos Rent Mediation program of Information and Referral Services,
Inc. will provide the following services for the residents and/or owners of the
approximately 2200 rental units covered under the Rent Mediation Ordinance.
•
LXH1BI1 A
March 25, 1992
INDICATORS
1989-90 1990-91 1991-92 1992-93
Actual Actual Estimate Target
Tenant/Landlord
Counseling Units 1680 2640 2000 2000
# of Petitions filed 21 17 10 10
Telephone Conciliation 21 17 10 10
Mediations Held 8 9 5 5
Arbitrations Held 1 4 1 1
We are requesting that while the Total budget amount remain the same, that
line items for T/L Coordinator be increased $500 and Equipment $200 while
line item for mediators and arbitrators be reduced $700. See attached:
LINKING P E O P L E T 0 SER VICES
LOS GATOS RENT MEDIATION
PROPOSED BUDGET
July 1, 1992 - June 30 1993
PERSONNEL
Executive Director
ClericaVAdm. Support
T/L Coordinator
Bookkeeper
Fringe Benefits
Sub Total
NON -PERSONNEL
$ 3,500
2,970
11,750
560
3,000
$ 21,780
Rent $ 4,000
Telephone 1,200
Supplies 650
Equipment 960
Printing 200
Insurance 400
Postage 400
Mileage 100
Misc. 260
Sub Total $ 8,170
CONTRACT SERVICES
Accounting/Audit
Mediators/Arbitrators
Sub Total
TOTAL
800
1,000
$ 1,800
$ 31,750
EXHIdiT A
EXHIBIT B.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
Revised August 9, 1991
24
.Reviewed July 6, 1992
-2-
or eliminate such deductibles or self -insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related investiga-
tions, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
Revised August 9, 1991
25
Reviewed July 6, 1992
-3-
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, 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.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation -related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town reserves the right to require complete, certified
copies of all required insurance policies, at any time.
G. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all
of the requirements stated herein.
CSD13:A:\CONTRACT\CDBGAgre.'93
Revised August 9, 1991 Reviewed July 6, 1992 26
July 20, 1992
Los Gatos, California
RENT MEDIATION/BMP PROGRAM/AGREEMENT/RESOLUTION 1992-133 (14.19)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-133
entitled,. RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE: 1) AMENDMENT TO MARCH 1- 1988. AMENDMENT TO
SEPTEMBER 6- 1983. AGREEMENT WITH INFORMATION AND REFERRAL SERVICES.
INC.. FOR IMPLEMENTING THE RENT MEDIATION PROGRAM; AND. 2IAMENDMENT
TO JULY 1. 1991, AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR
IMPLEMENTING THE BELOW MARKET PRICE HOUSING PROGRAM - FISCAL YEAR
1992-1993, Carried unanimously. Mr. Ventura abstained from section one of the two
agreements.
RED CROSS/EARTHQUAKE RECOVERY FUNDS/RESOLUTION 1992-134 (15.13)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-134
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE ADOPTION
OF AN AMENDMENT TO THE AGREEMENT WITH THE AMERICAN NATIONAL RED
CROSS FOR DISASTER RELIEF. Carried unanimously.
WORKERS' COMPENSATION/WILLIS CORROON/RESOLUTION 1992-135 (16.10)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-135
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MANAGER
TO EXECUTE AMENDMENT TO AGREEMENT WITH WILLIS CORROON FOR THIRD
PARTY ADMINISTRATION OF THE TOWN'S WORKERS' COMPENSATION PROGRAM.
Carried unanimously.
DISABILITY/LIFE INSURANCE/UNUM INS. CO./RESOLUTION 1992-136 (17A.12)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-136
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO SIGN AGREEMENTS WITH UNUM FOR SHORT TERM AND LONG TERM
DISABILITY AND LIFE INSURANCE. Carried unanimously.
DENTAL PROGRAM/DELTA CARE PMI/RESOLUTION 1992-137 (17B.12)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-137
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AGREEMENTS WITH DENTAL PLAN OF CALIFORNIA, Carried
unanimously.
LOS GATOS CREEK TRAIL/8606 PROJECT/MONTE SERENO/RESOLUTION 1992-138 (18.25)
Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1992-138
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF
A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MONTE SERENO AND THE
TOWN OF LOS GATOS FOR THE CONSTRUCTION OF THE LOS GATOS CREEK TRAIL -
PROJECT 8606, Carried unanimously.
TC: D4: MM072092
4