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1980-190-Approving Plans And Specifications For The Installation Of Bicycle Route Facilities On The Los Gatos Creek (Project 243-SS), And Dircting The Town Clerk To Advertise For BidsRESOLUTION NO. 1980 -190 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF BICYCLE ROUTE FACILITIES ON THE LOS GATOS CREEK (PROJECT 243 -SS), AND DIRECTING THE TOWN CLERK TO ADVERTISE FOR BIDS. WHEREAS, it is the intention of the Town Council of the Town of Los Gatos to install Bicycle Route Facilities on Los Gatos Creek in the Town of Los Gatos; and WHEREAS, the Town Engineer has presented Plans and Specifications for said facilities. RESOLVED, that these Plans and Specifications entitled, "SPECIFICATIONS AND SPECIAL PROVISIONS FOR INSTALLATION OF BICYCLE ROUTE FACILITIES ON LOS GATOS CREEK, PROJECT NO. 243 -SS ", dated November 7, 1980, on file in the Office of the Town Clerk, are hereby approved; and FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to advertise, as required by law, for the receipt of sealed bids or proposals for the doing of the work specified in the aforesaid Plans and Specifications, which said advertisement shall be substantially in accordance with the Notice to Bidders, attached hereto and made a part hereof. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 15th day of December , 1980, by the followigng vote: AYES: COUNCIL MEMBERS peter W. Siemens, Brent N, Ventura and Thomas J. - FAL'Si to NOES: COUNCIL MEMBERS MarLyn J. Rasmussen ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Ruth cannon Signed: MAYOR O,kTHE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF S GATOS CONTRACT FOR SERVICES THIS AGREEMENT is made this 15th 1980, between THE TOWN OF LOS GATOS ( "Town" pal corporation, and COMMUNITY HOUSING DEVE herein, a non - profit corporation devoted to affordable housing. RECITALS: day of December, herein), a munici- LOPERS, INC. ( "CHD" the provision of 1. Town has adopted a Below Market Price Housing Program ( "the Program ") in which developments of ten units or more are required to set ten percent of the units aside for the Program. The first units for the Program will be available in January, 1981, and the Town does not currently have either the experience or the personnel to administer the Program. 2. CHD is interested in handling the management of the Program for the Town and has the personnel to do so, but also lacks experience. 3. The Palo Alto Housing Corporation ( "PAHC ") has had extensive experience with a similar program, and is willing to offer consulting, including sample forms and procedures, on a fee basis. 4. Town wishes to contract with CHD to manage the Program on an experimental basis for one year, with possible renewal, and to cooperate with CHD in purchasing consulting services from PAHC. However, the parties do not know enough about the services required under the Program to enter into a final contract at this time. Accordingly, this is an "Agreement- to- Agree ", which both parties understand will be rewritten to include a more precise definition of CHD's duties when the needs of the Program are better known. Ar T?TT'MT T\TT In consideration of the foregoing recitals, and of their mutual promises hereunder, the parties agree as follows: A. Duties of CHD. Commencing upon execution of this contract, CHD shall undertake responsibility for administering the Los Gatos Below Market Price Program, in accordance with all Town regulations, as expressed by ordinance and resolution, and shall perform all services necessary to operate said Program successfully. Said services shall be more fully defined in a revised agreement, and shall include, but not be limited to the following: 1. Locate and screen eligible buyers, and handle all contractual negotiations between said buyers and any seller involved in the program. 2. Handle all arrangements for resale. 3. Provide qualified personnel to maintain office hours as needed at a place in Los Gatos designated by the Town. 4. Perform other duties as set forth in a final agree- ment to be negotiated between the parties. B. Duties of Town. 1. Town shall reimburse CHD for all of its out -of- pocket costs for items other than personnel in administering the program, provided that no expense in excess of $ 100.00 shall be -2- incurred without the prior written approval of the Director of Community Programs of the Town. Such costs shall be billed and paid for on a monthly basis, and the Town shall have the right to audit CHD's books and records to verify the validity of the costs charged. 2. There shall be no charge for personnel up to eight (8) units. For any units beyond eight, Town shall pay CHD a flat price per unit for such personnel costs, to be negotiated as an addendum to this agreement. 3. Town will allow all communications between it and CHD to be handled through the Director of Community Programs of the Town. 4. Perform other duties as negotiated in the final agreement. C. Consultin CHD shall contract with PAHC for consulting in estab- lishing the program. Town shall advance all costs of said consulting, provided that said costs (1) are approved in writing prior to being incurred, and (2) do not exceed $1,000.00. In exchange for advancing said costs, CHD shall provide the following to the Town: 1. Town shall receive copies of all sample documents provided by the consultant at no further charge other than actual copying costs. 2. Representatives of the Town shall be invited to participate in any direct training offered by the consultant. 3. If the PAHC materials are used by CHD to administer a municipal Below Market Purchase Program in Santa Clara County -3- during a five -year period from the date of this contract, CHD agrees to reimburse the Town twenty -five (25 %) percent of PAHC package costs per municipality, up to seventy -five (75 %) percent of said costs; provided that no reimbursement shall be required under this paragraph if CHD is required to pay an additional fee to PAHC. D. Miscellaneous. 1. In performing this contract, it is understood that CHD is an independent.contractor, and not an agent or employee of the Town. 2. Town and CHD shall indemnify and hold each other harmless for any claims or liability arising out of acts of the indemnifying party or its agents. 3. CIO shall maintain a liability insurance and workers' compensation insurance in amounts approved in writing by the Town, and the liability insurance shall name the Town as an additional insured. Any additional cost for naming the Town as an additional insured shall be fully reimbursed by the Town. 4. This contract may be terminated by either party on 30 days written notice. All notices under this paragraph or otherwise under this agreement shall be sent to the parties at the following addresses: Town Director of Community Programs Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 -4- CHD Executive Director Community Housing Developers, Inc. 277 W. Hedding Street, Suite #119 San Jose, CA 95110 IN WITNESS WHEREOF the parties have hereunto set their hands on the date written above. TOWN OF LOS GATOS -5-