1983-180-Authorizing The Town Manager To Execute A Contract With Information & Referral Services, Inc., For The Operation Of The Town's Rental Dispute ServicesRESOLUTION NO. 1983— 130
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE A CONTRACT WITH
INFORMATION & REFERRAL SERVICES, INC.,
FOR THE OPERATION OF THE TOWN'S RENTAL
DISPUTE SERVICES
BE IT THEREFORE RESOLVED that the Town Council of the Town
of Los Gatos does hereby authorize the Town Manager to negotiate
an ongoing contract with Information & Referral Services, Inc.
for the operation of the Town's Rental Dispute Service.
PASSED AND ADOPTED AT A REGULAR meeting of the Town Council
of the Town of Los Gatos held on the 6t'r,
September , 1983, by the following vote:
day of
AYES:
COUNCIL
MEMBERS:
Terrence J. Daiiy,
Thomas J.
Ferrito,
MarLyn J. Rasmussen,
ATTEST;
and Mayor Brent N.
Ventura
NOES:
COUNCIL
MEMBERS:
None
ABSTAIN:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Joanne Benjamin
SIGNED:
Jai
ATTEST;
i
MAYOR OPTHEE
TOWN" OF LOS GATOS
>
CLERK OF THE
TOWN OF LOS
AN AGREEMENT BETWEEN TOWN OF LOS GATOS AND SANTA CLARA
COUNTY INFORMATION AND REFERRAL SERVICES, INC., FOR
PROVISION OF LANDLORD /TENANT CONFLICT RESOLUTION SERVICE
THIS AGREEMENT is made by the Town of Los Gatos, a municipal corporation
hereinafter referred to as "TOWN ", and SANTA CLARA COUNTY INFORMATION AND
REFERRAL SERVICE, INC. whose address is 3275 Stevens Creek Boulevard,
Suite 310, San Jose, California, hereinafter referred to as "I & R ".
RECITALS
A. This Agreement is being made and entered into subject to
provisions of Ordinance No. 1477, Ordinance of the Town 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 and Mediation Program.
C. The Town requires personal expertise in the field of landlord/
tenant information, referral and conciliation /mediation /arbitration to
implement said Rental Housing Mediation Program.
D. It has been determined by the Town 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.
NOW, THEREFORE, in consideration of the recitals and the mutual
promises contained herein, Town and I & R agree as follows:
I.
SCOPE OF SERVICES
I & R shall perform all the necessary services provided under this
Agreement in connection with the Rental Housing Mediation Program; and shall
do, perform, and carry out, in a satisfactory and proper manner, the
following:
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A. Basic Services
I & R's basic services shall consist of items 1 6 described below:
1. TENANT /LANDLORD INFORMATION &
I & R SHALL:
SERVICES TO
(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 located at 3275 Stevens Creek Boulevard, Suite 310,
San Jose, provide information to persons with questions
regarding landlord and tenant relations concerning property
situated within the Town; refer such groups to appropriate
agencies, persons or groups; and /or advise them of the
availability of the conciliation /mediation /arbitration
services as provided by staff and the Town Mediation Board.
I & R shall send interested persons brochures and pamphlets
about the program.
(b) Upon receiving a Petition describing a- conflict situation
deemed to be appropriate for the conciliation /mediation/
arbitration process, I & R staff shall:
1. provide conciliation services via telephone or mail,
2. assign a member of the Town Mediation Board to mediate
when conciliation is not sufficient and /or
3. insure that appropriate arbitration services are
available when the dispute is not resolvable at the
mediation level.
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
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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 fall;
and the number, resolution, and the outcome of cases assigned
to members of the Mediation Group. 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 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 I & R and shall be allowed to observe the
employees taking Los Gatos calls at their office.
3. ADVERTISING OF SERVICE /PUBLIC INFORMATION & EDUCATION
(a) All advertising, publicity, and other materials describing
the program to the general public are to be approved in
writing by the Town prior to their distribution.
(b) I & R staff shall work with Town staff to coordinate a
community education effort.
4. ATTENDANCE AT MEETINGS
I & R shall attend the Los Gatos Rental Mediation Board and the
Rent Advisory Committee meetings and other training sessions,
classes, discussion of landlord /tenant conflict resolution
training necessary for professional development.
5. COMMUNICATIONS WITH 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
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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 including but not limited
to, all data and statistics required in Paragraph I.A.2. (a -b).
This Annual Report shall be transmitted to the Town no later
than the second week of July of each year.
B. ADDITIONAL SERVICES
Additional Services are those services which are authorized by the
Town but are beyond the scope of Basic Services in Paragraph I.A. of this
Agreement. Additional services shall be authorized by the Town in writing
prior to incurring such expense, and where 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
increasing services provided to the Town under the terms of this Agreement.
II.
TOWN'S RESPONSIBILITIES
THE TOWN WILL:
A. Provide all data available relative to the requirements under this
Agreement.
B. Provide I & R with an adequate number of trained mediators and
maintain an accurate list of Mediation Group members, including their
telephone numbers, addresses, and other relevant data.
C. Provide all forms, documents, and other paraphernalia required
for the proper keeping of program records..
D. Designate as its authorized representative for purposes of contract
and program implementation its Director of Community Programs. Said staff
member shall be reasonably available to consult with I & R on matters of
of mutual concern.
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E. Furnish information as expeditiously as reasonably possible
for orderly progress under the terms of this Agreement.
III
TIME OF PERFORMANCE
The term of this Agreement shall be ongoing from the date of
execution by the Town and I & R. Termination of this agreement may be
made by either Town, or I & R so long as a written notice for intent to
terminate is given by either party at least 30 days prior to the
termination date.
IV.
COMPENSATION AND METHOD OF PAYMENT
A. I & R shall be paid for its Basic Services, Additional Services,
if any, and reimbursable expenses monthly upon submission of invoices for
services performed; provided that no monthly bill shall exceed 1/6 of the
total cost under paragraph IV. B. Payment in every case shall be subject
to receipt by the Town of the requisition for payment from I & R specifying
that it has performed work under this Agreement in conformance with the
Agreement and that it is entitled to receive the amount being billed.
Billing shall be on a single invoice submitted once monthly for Basic
Services, reimbursable expenses, and Additional Services.
B. In no event, shall the total cost of the Basic Services to be
provided under the terms of this Agreement exceed the sum allocated for
each fiscal year by the Town Council in adopting the annual operating budget.
V,
RELIANCE UPON PROFESSIONAL SKILLS
It is mutually agreed by the parties that the Town is relying upon
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 not operate as a release of I & R
from the said representation.
VI.
INDEPENDENT CONTRACTOR
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 employees of the Town.
VII.
NON - ASSIGNABILITY
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
only upon such terms and conditions as the Town may set forth.
VIII.
INSURANCE
I & R shall maintain general public liability insurance, in the
minimum amount of $500,000 combined single limit, covering its liability
under this Agreement. Such insurance shall name the Town as additional
insured. A certificate of insurance shall be filed with the Town Clerk.
Such policy shall not be cancelled without 30 days prior notice to the Town
Clerk. The form of such insurance shall be subject to the approval of the
Town Attorney.
IX.
TERMINATION OF AGREEMENT
This Agreement may be suspended or terminated by the Town for any
reasons by resolution of a majority of the Council, and such suspension
or termination shall not constitute a breach of this Agreement. In addition,
either party may terminate this Agreement upon thirty days written notice
to the other party. In the event of such termination, the Town shall pay
I & R for all services actually 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,
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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.upon request.
X.
AFFIRMATIVE 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 "Equal Employment Opportunity" as supplemented
in Department of Labor Regulations (41 CFE, Pact 60) and all other
applicable regulations.
XI.
HOLD HARMLESS
I & R agrees to indemnify and hold harmless the Town, its
officers, agents, and employees for any and all liabilities, damages
or claims in any manner caused by or arising out of, either directly
or indirectly, the negligence, willful or intentional acts, omissions,
or errors of I & R or its agents, officers or employees in the
performance of the services described herein.
IN WITNESS WHEREOF, this Agreement is executed by the Town of
Los Gatos pursuant to Resolution No. 1983 - /Fo , and Santa Clara County
Information and Referral Service, Inc,
THIS AGREEMENT IS DATED:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Town Attorney
ATTEST:
Town Clerk
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TOWN OF LOS GATOS
Town Manager
SANTA CLARA COUNTY INFORMATION &
REFERRAL SERVICES, INC.
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ExecUtive Direct r
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