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
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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
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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
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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
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