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1980-170-Agreement Between Town Of Los Gatos And Santa Clara County Information & Refferral Service, Inc. For Provision Of Landlord/Tenant Conflict Resolution ServiceRESOLUTION N0, 1980 -170 RESOLUTION OF AGREEMENT BETWEEN TOWN OF LOS GATOS AND SANTA CLARA COUNTY INFOR- MATION & REFERRAL SERVICE, INC. FOR PROVISION OF LANDLORD /TENANT CONFLICT RESOLUTION SERVICE. BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby authorize the signing of the attached agreement between the Town of Los Gatos and Santa Clara County Information & Referral Service, Inc. for provision of landlord /tenant conflict resolution service, and hereby directs and designates the Mayor of the Town of Los Gatos as the authorized representative of the Town to sign and act in connection with the agreement between the Town of Los Gatos and the County of Santa Clara. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3rd day of November 1980, by the following vote: AYES: COUNCIL MEMBERS MarL,yn J. Rasmussen, Peter W. Siemens and Thomas J. Ferrito NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Ruth Cannon ABSTAIN: COUNCIL MEMBERS Brent N. Ventura / SIGNED: Y R OF THE OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GAT, AN A3=7,11',7 17=1i TLWN OF LOS GATOS ARID SANTA CLAW4A CCUNTY I ': CR;:A7ICN All R ERNAL: SERVICE, INC. FOR PROVISIC d OF Ala RD/ PVT COLIFLICT RESOLUTION SERVICE T=iIS AGRE;i"= is made by the Town of Los Gatos, a municipal corporation hereinafter referred to as "TCWN ", and LkNITA CiARA C 'L ,, Y INrCR`^.ATION AM, REFERRAL SERVICE, INC. whose address is 3275 Stevens Creek Blvd., 007, San Jose, California, hereinafter referred to as "I & R ". RECITALS :S A. This Agreement is being made and entered into subject to provisions of Ordinance No. 1477, Ordinance of the To.r of Los Gatos establishing a Rental Dispute Mediation and Arbitration Process by adding Chapter 24 to the Los Gatos Town Code. B. The Town is undertaking to provide landlord /tenant information, referral, conciliation and mediation /arbitration services, hereinafter referred to as the Rental Housing ng and Mediation P cgram. C. The Town requires personal expertise in the fields of landlord/ tenant information, referral, and conciliation/mediation/arbitration to implement said Rental Housing Zediatien P_ cgram. D. It has been determined by the Tc;,n that I & R, by virtue of its knowledge and experience, is fully qualified to perform these services under the terms and conditions hereinafter set forth. NV`.n _ EREFORE, in ccosia :'rat -en of the recitals and the Mutual promises contained herein, Town and I & R agree as follows: SC_F'E OF SERVICES 1 5 R shall nerform all the necessary services provided under this Agreement in connecti,n with the Rental Hcusing Mediation Program; and shall do, perform, and cairy cut, in r satisfactory an per manner, the following services: Page 2 A. Basic Services I & R's basic services shall consist of the four types described below: 1. TENANT /IANDLORD INFORMATION & REFERRAL SERVICES TO TELEPHONE CALLERS: I & R SHALL: (a) During the hours of 8:30 A.m. to 5:00 p.m. every weekday, maintain and staff at least one telephone line at its office in Giest Valley, (700 Gale Dr., Campbell) provide information to persons with questions regarding landlord and tenant relations concerning property situated within the Town; refer such persons to appropriate agencies, persons or groups; and /or assign them to a member of the Town's Mediation Group for conciliation /mediation /arbitration as appropriate. I & R shall send interested persons brochures and pamphlets about -the program. (b) Upon receiving a call describing a conflict situation deemed to be appropriate for the conciliation/ mediation/ arbitration process, assign the case to a member of the Town's Mediation Group in an expeditious manner for the purpose of having the conflict situation mediated. 2. RECORDKEEPING I & R SHALL: (a) Keep complete and accurate records regarding each request for landlord /tenant services under the terms of this Agreement and shall compile monthly statistics noting the number of landlord /tenant conflicts situated within the Town brought to I & R's attention; which of several conflict categories the situation would most reasonably Page 3 fall; and the number, resolution, and the outcome of cases assigned to members of the Mediation Croup. These monthly statistics shall be sent to the Community Services Division each month. (b) Keep complete and accurate records of each individual mediator's activities including, but not limited to, the dates of assignment of cases, the progress made on each case, and its resolution. (c) Advise the Town from time to time and at its .request, as to the status of the program and the progress made in easing tension in the Los Gatos rental housing community. The Town shall at all times have access to program records maintained by 1 & R and shall be allowed to observe the employees taking Los Gatos calls at their office. 3. ADVERTISING OF SERVICE /PUBLIC INYORMATION & EDUCATION (a) I & R shall provide weekly advertising in the Los Gatos Times Observer and San Jose Mercury News and program publicity to ensure that a reasonable number of Los Gatos residents eligible to take advantage of the services provided under terms of this Agreement are aware of such services. (b) All advertising, publicity, and other materials describing the program to the general public are to be approved in writing by the Tom prior to their distribution. (o) I & R staff shall work with Town Staff to coordinate a community education effort. 4. A' MMANCE AT N -TINGS I & R shall attend the Los Gatos Rental Mediation Task Force meetings, training sessions, classes, discussions of landlord /tenant conflict resolution training, or other areas of professional development. Page 4 S. MM INICATIONS taITH TOWN I & R shall, at the beginning of the contract year, provide the Town with written notice of holidays for the fiscal year. On such days, I & R shall provide a -tape recorded message which will inform the general public that the office is closed and the day it will reopen. 6. ANNUAL REPORT I & R shall prepare an annual report covering its activities from November 1, 1980 through October 31, 1981. This report shall include, but not be limited to, all data and statistics required to be accumulated by I & R during the year such as those statistics - required in Paragraph I A 2 (a -b). This Annual Report shall be transmitted to the Town no later than October 15, 1981. B. ADDITIONAL SERVICES Additional Services are those services which are authorized by the Town but are beyond the scope of Basic Services indicated in Paragraph I A of this Agreement. Additional services shall be authorized by the Town in writing prior to incurring such expense, and cohere authorized, shall be paid for by the Town as hereinbelow provided. Such additional services may include, but not be limited to, travel to other jurisdictions for purposes of observing local landlord /tenant conflict resolution services and /or for purposes of increasing services provided to the Town under the terms of this Agreement. II. TOWN'S RESPONSIBILITIES THE M,1N WILL L: A. Provide all data available relative to the requirements under this Agreement. B. Provide I & R with an adequate number of trained mediators and Page 5 maintain an accurate Iis- of Mediation GrOUp members, including their teleDhcne numbers, addresses, and cth_,r relevant data. C. Provide all forms, doc,- moms, and other paraphernalia reqused for the proper keeping of program records. D. Designate as its authorized represent ±i.e for Dur -ores of contract and program mr_ementation its Director of Community Pro ,—ams. Said s--� member shall be reasonably available to consult with I & R on matters of mutual cercern. E. Furnish information as expeditiously as reasonably possible for orderiv progress under -the terms of this Agreement. III. TI^ OF PER- OR^ "_A1dCE The i__m of this Agreemen- shall be for a period of one year from NoveTber 1, 1980 through Octo'rer 31, 1981 u^:less sooner terminated as hereinafter pro- vided. It may be extended by mutual agreement of the parties for such an additional - perioa of _i.,e as t- -e TOM, may deterr.»re to be in the Dublic interest. IV. CC:- 'L•.,, .TICN ,= f F PP.r ^rf - '-1T :HOT,) 0_ A. I & R shall be paid for _ts Basic Services, Additional Services, if any and reimbursable expenses month_y u_on submission of invoices for services per- formed; _.rovided than no monthly bill shall exceed i/C of the total cost under paragraph v B. Payment a �­.ery case hah_ be subject t.o receipt by the Town of the r :._is lion for Da -ec _ g that it has performed ocrl< under this Agreement =n conformance w:th the Agreement and that it is entitled to receive the amount ben billed. Billing shall be , n a single invoice st =—_led once mont:ly for Basic Services, reirnbursahle expenses, and Additional Services. . n -rJ event, shall `,:e - t0,-,_'' 20st of the 3asic Services to be provi._ed under -h' 'arms c -his leerrnn`L exceed the SLUT ci $14,858.00 DJUS l -a rCutin $ cy -ee. V. REEL_ ,!JC TTC-N PRCC'ESSI,M,AL SKILLS It is mutually a;rred by the sties that the Town is reiyirg upon Page c professional skills represented by I & R, and I € R represents to the Town that its work will conform to the highest professional standards. Acceptance of its work by the Town does nct operate as a release of I & R from the said representation. VI. LT,I EF y DFy CCNI­�ACTOR It is agreed that I & R is an independent contractor, and all persons working for or under the direction of I & R are its agents, servants, and employees, and not agents, servants, or a*npioyees of the Town. VII. NON- ASSIGNABILI I & R shall not assign or transfer this Agreement or any interest or obligation therein without the prior written consent of the Town and then on1V upon such terms and conditions as the Too -m may set forth. VII_ INSLT ACE I 8 R shall)„ a taLn general blic liability insurance, n the minim= a-ncunt of $500,000 combined single limit, covering its liability under this Agreement. Such insurance snail name the Tom—i as additional insured. A certificate_ of insurance shall be filed with the TO *an Clerk. Such policy shall not be cancellable without 30 days prior notice to the Town Cleric. The form of such insurance shall. be subject to the approval of the Town Attorney. lA. "� -I yilOr OF <_=1, ry Ihis Ac eemem- may Lx- suspended or ter :minated by the Tcwn for any reason CV r(3solut -on Of a of the Council, and such suS,=sion or te=*naticn b_ -. , shall not COn.Stitute ._ c.C.n OS this Agre ement. in addition, either n_arty may tezmhnate this A mee,,mt u_on (30) days writeen notice to the other party. in the event Cf suc^ _ruination, t'.e Town chall pay I & R for all services actually Page 7 performed and all expenses actually incurred under this Agreement to date of termination. If, upon payment of the amount required to be paid under this section following the termination thereof, the Town thereafter should determine to complete the original project, or substantially the same project, the Town for such purpose shall have the privilege of utilizing any records or other documents prepared hereunder by I & R who shall make them available to the Town uson recuest. X. AERIR TIV ACTION I & R shall file an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, or age in which it specifies goals and target dates to assure the implementation of the plan. Such plan shall be filed with the Town Clerk prior to undertaking services. The affirmative action plan shall be in compliance with the Executive Order No. 11246 entitled: "Ecual Employment Opportunity" as supplemented in Department of Labor Regulations (41 C R, Pact 60) and all other applicable regulations. XT. HOLD HAR:'LESS I & R agress to ind>_mn_f/ and hold harmless the Town, its officers, agents, and empiove_es r C:'^ any 11d all liabilities, damages or claims n any mariner caused by or arising out of, either directly or indirectly, the negligence, willful or ntentlenal acts, cmisslons or errors of 1 & R or its agents, officers or employees in the performance of the services descri:oed herein. Rage g IN WITH SS rI 2 OF, this Agreement is executed by the Town of Ts Gates pursuant to Resolution No. 1980 -170 , and Santa Clara County Information and Referral Service, Inc. -rjjIS AGP , =,1 IS DATA November 3rd, 1980 ATTEST: 1UWN CLERK r APPROVED AS TO FOM TOiv�V OF LOS aATOS SIVI A CL )RA COJidTY IN 'C_R ATIC:d RE rr Fyn SERVICE, INC.