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.