1990-077-Approving Agreement With Arthur Klingensmith And Redevelopment ConsultantRESOLUTION 1990 -77
RESOLUTION APPROVING THE AGREEMENT WITH
ARTHUR KLINGENSMITH AND REDEVELOPMENT CONSULTANT
BE IT RESOLVED by the Town Council of the Town of Los Gatos that the Town
enter into an agreement with Arthur Klingensmith, Relocation and Redevelopment
Consultant for relocation assistance services for the new library acquisition project, and that
the Town Manager is authorized, and is hereby directed, to execute said agreement 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 2nd day of April, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton and
Mayor Thomas J. Ferrito.
NAYS:
ABSENT: Eric D. Carlson and Brent N. Ventura.
ATTEST: f
i J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
COPY
AGREEMENT FOR RELOCATION SERVICESS
THIS AGREEMENT is entered into this yh day of ,/ 1990,
by and between the Town of Los Gatos, State of California, herein c led the "Town ", and
ARTHUR KLINGENSMITH, RELOCATION AND REDEVELOPMENT
CONSULTANT, engaged in providing Relocation and Redevelopment services primarily
in the State of California, herein called 'Relocation Consultant ".
RECITALS
A. The Town is considering undertaking relocation activities pursuant to the Town of
Los Gatos Relocation Assistance Guidelines and Relocation Assistance (Government
Code Section 7260 et seq.) and the Relocation Assistance and Real Property
Acquisition Guidelines, 25 California Code of Regulations Section 6000 et seq.
B. The Town desires to engage a Relocation Consultant to provide relocation services
from the Town in connection with relocating three households (two (2) tenants in
two (2) households and one (1) tenant in one (1) household) to be displaced as a
result of the new library acquisition.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Relocation Consultant shall develop a relocation plan setting
forth the provisions for assisting residents displaced as a result of the property
acquired for the new library. The plan will comply with the Town's Relocation
Assistance Guidelines, California Government Code Section 7260 et seq. and the
Relocation Assistance and Real Property Acquisition Guidelines (commonly known
as HCD Guidelines), 25 California Code of Regulations Section 6000 et seq. The
Relocation Consultant shall perform services as detailed in Scope of Services Exhibit
"A" relating to the preparation and of a Relocation Assistance and Last Resort
Housing Plan and Relocation services.
2. Time of Performance. The services of Relocation Consultant are to commence
upon the execution of this Agreement and shall be undertaken and completed in
such sequence as to assure their expeditious completion in light of the purposes of
this Agreement and until written termination by one or both parties, one year or
completion of services as set forth in this Agreement.
3. Compensation. The compensation to be paid to the Relocation Consultant including
both payment for professional services and any reimbursable expenses shall be paid
in the amounts represented in the Cost of Services Exhibit "A ". In no case will the
compensation amounts be more than those indicated without prior written
notification and the approval by the Town. The total cost of services (including
additional relocation advisory services billed at the rate of $75.00 per hour) shall not
exceed ten thousand ($10,000) dollars.
4. Independent Contractor. It is understood that the Relocation Consultant, in the
performance of the work and services agreed to be performed, shall act as, and be,
an independent contractor and not an agent or employee of the Town. As an
independent contractor he /she shall not obtain any rights to retirement benefits or
other benefits which accrue to Town employees.
5. Assignabiliri. Relocation Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Relocation Consultant's obligations
without the prior written consent of the Town.
6. Liability Insurance. Relocation Consultant agrees to have and maintain a valid and
enforceable General Liability insurance policy insuring him to an amount not less
than one million ($1,000,000) dollars. The Relocation Consultant will provide a
statement of insurance to Town upon request. The Town may be named as an
additional insured.
7. Termination of Agreement. The Town and Relocation Consultant shall have the
right to terminate this agreement with or without cause by giving not less than seven
(7) days written notice of termination. In the event of termination, the Relocation
Consultant shall deliver to the Town all plans, files, documents, reports, performed
to date by the Relocation Consultant. In the event of such termination, Relocation
Consultant shall be paid for all satisfactory work, unless such termination is made
for cause, in which event compensation, if any, shall be adjusted in light of the
particular facts and circumstances involved in such termination.
8. Compliance With Laws. Relocation Consultant shall comply with all applicable laws,
ordinances, codes, and regulations of governing federal, state and local laws.
9. Confidential Information. All data, documents discussions or other information
developed or received by or for the Relocation Consultant in performance of this
Agreement are confidential and will not be disclosed to any person except as
authorized by the Town Manager, Town Attorney or their designee or as required
by law.
10. Conflict of Interest. Relocation Consultant has no holdings or interests within the
Town of Los Gatos. Relocation Consultant has no business holdings or agreements
with any member of the staff or management of the Town or its representatives.
2
IN WITNESS WHEREOF, the Town and Relocation Consultant have executed this
Agreement as the date first above written.
ARTHUR KLINGENSMITH,
RELOCATION & REDEVELOPMENT
CONSULTANT
ur Kfingensnifth
Relocation Consultant
ATTEST TO:
Marian V. Cosgrove ;J
Los Gatos Town Clerk
APPROVED AS TO FORM:
Mary Jo nger
Town At ley
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TOWN OF LOS GATOS
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Interim Town Mana er