1982-075-Approving Contract With Community Housing Developers, Inc.RESOLUTION NO. 1982 -75
A RESOLUTION APPROVING CONTRACT
WITH COMMUNITY HOUSING DEVELOPERS, INC.
BE IT RESOLVED, and it is hereby resolved by the Town
Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town of Los Gatos enter that
Contract for Services with Community Housing Developers,
Inc., a copy of which is attached hereto; and
Vice
BE IT FURTHER RESOLVED that the /Mayor is authorized and
is hereby directed to execute said contract in the name and
in behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Los Gatos, California, held on
the 5th day of April 1982, by the following
vote:
AYES: COUNCIL
MEMBERS:
Ruth Cannon Thomas
J Ferrito,
Marlyn J.
Rasmussen
and Vice -Mayor Brent
N Ventura
NOES: COUNCIL
MEMBERS:
None
ABSENT: COUNCIL MEMBERS: Mayor Peter W. Siemens
ABSTAIN: COUNCIL MEMBERS: None
SIGNED:
VICE - MAYOR, TOWN OF LOS GATOS
ATTEST:
f`
CLER OF THE TO LO�SGATOS
CONTRACT FOR SERVICES FOR THE MANAGEMENT OF THE TOWN'S
BELOW MARKET PRICE PROGRAM TO BE ADMINISTERED BY
COMMUNITY HOUSING DEVELOPERS, INC.
THIS AGREEMENT is made this day of
, between the TOWN OF LOS GATOS ( "TOWN ") herein, a
municipal corporation, and COMMUNITY HOUSING DEVELOPERS, INC.
( "CHD ") herein, a non - profit corporation devoted to the
provisions of affordable housing.
RECITALS:
1. Town has 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.
2. The Town does not currently have either the
experience or the personnel to administer the Program.
3. CHD is experienced in handling the management of
the Program for the Town and has the personnel to do so, thus
the Town wishes to contract with CHD to manage the Program.
AGREEMENT:
In consideration of the foregoing recitals, and of
their mutual promises hereunder, the parties agree as follows:
A. Duties o£ 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. CHD
duties shall include, but are not 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.
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:
a) The Town's obligations do not exceed its available
Community Development Block Grant funds, and
b) No expense in excess of $100.00 shall be incurred
without the prior written approval of the Director
of the Community Programs of the Town.
Such costs shall be billed and paid for on a monthly basis, assuming
the Town receives reimbursement from Santa Clara County. 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 per year. For any units beyond eight, Town shall
pay CHD a flat price per unit of $500.00.
3. Town will allow all communications between it
and CHD to be handled through the Director of Community Programs
of the Town.
C. Consultant Materials:
During program year 1981 -82 Town purchased and CHD
used Palo Alto Housing Corporation for administering the Town's
BMP program in Santa Clara County.
If CHD used the Palo Alto Housing Corporation materials
to administer another municipality's Below Market Price program
during a five -year period from the 1981 -82 contract, CHD agrees
to reimburse the Town twenty -five (250) percent of Palo Alto
Housing Corporation 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 Palo Alto Housing Corporation.
D. General Provisions
1. Interest of Community Housing Developers
CHD is not an employee of the Town, but an independent
contractor, and is not authorized to bind the Town to any contracts
or other obligations. CHD certifies that no one who has or will
have any financial interest in this Agreement is an officer or
employee of the Town.
2. Indemni
CHD shall indemnify, defend and hold harmless Town,
and its officers, agents and employees, from any and all demands,
claims or liability of any nature or arising out of performance
of this Agreement.
Town shall indemnify, defend and hold harmless CHD,
and its officers, agents and employees, from any and all demands,
claims or liability of any nature or arising out of performance
of this Agreement.
3. Insurance
CHD shall maintain liability insurance of a minimum of
$500,000 per occurrence, 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. Term
Commencing when this contract is signed by CHD and
the Town, CHD will handle the management of the Town's BMP Program.
5. Termination
Either party may terminate this Agreement on ninety (90)
days' written notice. Monies then owing based on work satisfactorily
performed shall be paid to CHD.
6. Notices
All written notices under this Agreement shall be sent
to the parties at the following addresses:
Director of Community Programs
Town of Los Gatos
P. 0. Box 949
Los Gatos, CA 95031
Executive Director
Community Housing Developers, Inc.
277 W. Hedding St., Suite 119
San Jose, CA 95110
7. Changes
This Agreement shall not be assigned or transferred
without the written consent of the Town. No changes or variations
of any kind are authorized without the written consent of the
Town Manager.
8. Workers' Compensation
CHD certifies that it is aware of the provisions of
the California Labor Code which require every employer to be
insured against liability for workers' compensation or to under-
take self- insurance in accordance with the provisions of that
Code, and CHD certifies that it will comply with such provisions
before commencing performance of this Agreement.
9. Integration
This document represents the entire and integrated
agreement between the Town and CHD, and supersedes all prior
negotiations, representations, agreements, either written or oral.
10. Disputes
In any dispute over any aspect of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees,
as well as all reasonable costs (not limited to those allowed by
statute).
IN WITNESS WHEREOF the parties have hereunto set
their hands on the date written above.
Approved as to Content:
Director of Community Programs
Approved as to Form:
TOWN OF LOS GATOS
Vice -Mayor
COMMUNITY HOUSING DEVELOPERS, INC.
r). Y, ,-