1998-029 - Authorizing Agreement to prepare a Mobilehome Park Conversion Impact Report for Los Gatos Mobilehome Park at 484 Woodland AvenueRESOLUTION 1998 - 29
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING AGREEMENT TO PREPARE
A MOBILEHOME PARK CONVERSION IMPACT REPORT
FOR LOS GATOS MOBILEHOME PARK AT
484 WOODLAND AVENUE.
BE IT 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 into an agreement, a copy of which
is attached hereto and incorporated herein as Exhibit "A ", with Thomas P. Kerr, Inc., to prepare
a Mobilehome Park Conversion Impact Report 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.
This award and authorization is conditional on the Town's receipt of $36,575 from the owner or
his representative, and should that sum not be received by April 20, 1998, the award and
authorization of the contract contained in this resolution shall automatically expire.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of April, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
w^' P
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
Cask
ORD
AGREEMENT FOR MOBILEHOME PARK CONVERSION CONSUL
THIS AGREEMENT is entered into this day of )--, 19S8 by and
between the Town of Los Gatos, State of California, herein called "Town ", and Thomas P. Kerr, Inc.,
engaged in providing Mobilehome Park Conversion consulting services herein called "Consultant ".
RECITALS
A. Town is considering undertaking activities to prepare a Mobilehome Park Conversion Impact
Report that will address the proposed conversion of the Los Gatos Mobilehome Park
Property from its current use as a residential mobilehome park to that of vacant land which
is proposed to be developed into higher density permanent residential dwelling units.
B. Town desires to engage a Mobilehome Park Conversion Consultant to provide consulting
services in conjunction with the preparation of the Mobilehome Park Conversion Impact
Report, because of Consultant's experience and qualifications to perform the desired work.
C. Consultant represents and affirms that it is qualified and willing to perform the desired work
pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scone of Work.
(a) Preparation of a Mobilehome Park Conversion Impact Report. Consultant shall
exercise the required knowledge and experience to assess and recommend
appropriate mitigation of the impacts of a mobilehome park closure on the displaced
residents. Consultant shall prepare a Mobilehome Park Conversion Impact Report in
accordance with Town of Los Gatos' requirements and any applicable State and
Federal regulations.
The Mobilehome Park Conversion Impact Report shall contain all information
required by applicable state statutes and by Los Gatos Town Code §29.20.835,
including, but not limited to, the following information:
(1) A list of names, addresses and mobilehome site identification numbers,
length of residency in the mobilehome park of all persons owning mobile
homes within the mobilehome park and the names of all mobilehome tenants.
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(2) For each mobilehome within such park: the age of the mobilehome (including
date of manufacture), mobilehome type, width characteristics, size, and the
number identifying the mobilehome site it occupies.
(3) A description of the mobilehome park including amenities, the age of the
Mobilehome park, the number of mobilehomes existing in the park, the
number of mobilehomes approved by the conditional use permit, and a
detailed description and plan of the park as to the landscaping and individual
site development.
(4) A list of vacant mobilehome sites in comparable mobilehome parks within
a twenty -mile radius of the park that is the subject of the application. This
information shall include amenities offered, rent and terms, policies and
restrictions on the type of mobilehomes and residents accepted, proximity to
public transportation, shopping centers and schools and the available job
market. If Town determines that the twenty -mile study area does not identify
a number of comparable parks with available spaces equal to or greater than
the mobilehome park identified in the application, the study area shall be
expanded until such number of available lots in comparable mobilehome
parks are identified, but in no case shall the study area extend beyond one
hundred (100) miles of Town.
(5) A list of persons, firms and organizations with proven expertise in the fields
of housing and relocation of persons displaced from housing, Those listed
shall be qualified in assisting mobilehome owners in locating replacement
housing, rendering financial advice on qualifying for various type of housing,
explaining the range of housing alternatives available, gathering and
presenting to persons needing housing relocation assistance and adequate
information as to available housing, and/or being able to transport persons
unable to drive to housing alternatives. These lists shall include the names,
addresses, telephone numbers, and fee schedules of persons qualified as
mobilehome movers. The information shall include all explanation of the
services which the housing specialists can provide.
(6) A relocation plan which includes a timetable for implementing the physical
relocation of mobilehomes and implementation of relocation assistance.
(7) The average vacancy rate, mobilehome lot lease rates, and tenant rental rates
in the affected mobilehome park for each of the three (3) years prior to the
filing of the application.
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(8) The number of evictions and the reason(s) for the evictions in the affected
mobilehome park during the three (3) years prior to the filing of the
application.
(9) The estimated reasonable cost of relocating the mobilehomes of mobilehome
owners to be displaced to available lots within the impact study area which
are as similar as possible to the currently occupied mobilehome lots. The
cost of relocating shall include the costs of dismantling, packing, moving,
reassembling, rebuilding and unpacking, as necessary, the mobilehome, all
personal property, skirting, tie -downs and other foundation and stabilizing
materials, all other associated structures and property,
(10) A determination of the number of mobilehome owners of the affected park
who are eligible to relocate their Mobilehomes to a comparable mobilehome
park.
(11) Determine a recommended fair value of each mobilehome and all associated
fixed property which cannot be relocated to a comparable mobilehome park.
In determining a recommended fair value, Consultant shall consider the
mobilehomes in their current location, assuming the continuation of the
mobilehome park in a safe, sanitary and well maintained condition and
competitive base rates. The analysis shall include both the Blue Book Index
price and the "in place" value of each mobilehome in the park. Consultant
shall specify why the mobilehome cannot be re- located to a comparable
mobilehome park and the basis for determining the recommended value of
the Mobilehome.
(12) The availability and cost of alternate housing of comparable size and quality
in Town.
(13) If available, prepare a list of the units (to be located in a proposed on -site
residential project) which will replace the mobilehome park. These units are
to be offered to qualified mobilehome owners at below market prices. Report
the terms of purchase or lease for such units.
(14) Any other information which Town determines is needed to address the
specific issues raised by the application and the impact study in order to
implement local, State, and Federal requirements.
(15) Any State and Federal requirements relating to the use of Town
Redevelopment funds to assist the developer with costs related to providing
units (to be located in an on -site residential project) which will replace the
mobilehome park. These units will be offered to qualified mobilehome
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owners and other low income persons at below market prices.
(b) Attendance at Meetings. As part of the Scope of Work and for no additional charge,
Consultant shall attend ONE (1) public scoping meeting, TWO (2) public
outreach/community meetings, ONE (I)Town Planning Commission meeting and
ONE (1) Town Council meeting. Consultant agrees to attend additional meetings as
requested in writing by Town for which Consultant shall be compensated in
accordance with the fee schedule for additional work as described in section 7 of this
Agreement.
(c) Required Copies. Consultant shall provide no less than FIVE (5) copies of the
Administrative Draft Mobilehome Park Conversion Impact Report for Town staff
review and comment and no less than SEVENTY -FIVE (75) copies of the Final
Mobilehome Park Conversion Impact Report.
2. Time of Performance. Consultant shall commence providing services upon the execution of this
Agreement. All tasks attributed to Phases 1 through 5, inclusive, as described below in this
section, shall be completed within ONE HUNDRED THIRTY -FIVE (135) days of the
commencement date. The project shall be complete when all tasks in each phase of the project
is determined to be complete within the time set forth above in this section and in a manner
satisfactory to Town, which shall be evidenced in writing signed by the Town Planning Director,
or designee. The tasks to be performed within each phase, and the amount to be paid by Town
as set forth in section 7 of this Agreement upon satisfactory completion of each phase, are as
follows:
(a) Phase 1
(1)
Scoping Meeting
(2)
Vacancy, rents, evictions history
(3)
Committee Meetings
(4)
HCD registrations
(5)
Homeowner survey
(6)
Homeowners, mobilehome owners list info.
(b) Phase 2
(1)
Description of property
(2)
Detail on occupied space
(3)
Reproduction of plans
(c) Phase 3
(1) Survey MHPs Win 20 miles
(2) Survey MHPs who 100 miles
(3) Prepare list of MHPs
(4) List of experts in relocation
(5) Survey of alternate housing in town
(6) Analyze use of redevelopment funds
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$7,000.00
$3,000.00
$4,725.00
(d) Phase 4
(1)
(2)
(e) Phase_
(1)
(2)
(3)
(4)
(5)
(6)
(f) Phase(
Estimate relocation cost
Appraisal of mobilehome
$5,150.00
Preparation of impact report
Recommendations to mitigate impacts
Preparation of relocation plan/ Draft conversion impact report
Meeting with Town Staff
Public outreach community meeting
Final Conversion Impact Report
(1) Planning Commission Meeting
(2) Town Council Meeting
End of project
TOTAL
$10,050.00
$3,350.00
$33,275.00
3. Deliverables. Town shall not be responsible for providing additional information, staffing, or
research to Consultant in order to prepare the report. Consultant shall be responsible for
collecting all data and conducting research to prepare the report.
4. Compliance with Laws. Consultant shall comply with all applicable laws, codes, ordinances, and
regulations of governing federal, state and local laws. Consultant represents and warrants to
Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which
are legally required for Consultant to practice its profession. Consultant represents and warrants
to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times
during the term of this Agreement any licenses, permits, and approvals which are legally required
for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos
business license pursuant to Chapter 14 of the Code of Town of Los Gatos.
5. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
6. Information/Report Handling. All documents furnished to Consultant by Town and all reports
and supportive data prepared by Consultant under this Agreement are Town's property and shall
be delivered to Town upon the completion of Consultant's services or at Town's written request.
All reports, information, data, and exhibits prepared or assembled by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential until released
by Town to the public, and Consultant shall not make any of the these documents or information
available to any individual or organization not employed by Consultant or Town without the
written consent of Town before such release. Town acknowledges that the reports to be prepared
by Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and
Town's use of the information contained in the reports prepared by Consultant in connection with
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other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in
writing. Town further agrees that it will not appropriate any methodology or technique of
Consultant which is and has been confirmed in writing by Consultant to be a trade secret of
Consultant.
7. Compensation and Payment.
(a) Compensation for Services within Scope of Work. The total compensation for the services
required by the Scope of Work as set forth in section 1 of this Agreement shall be $33,275.
Town shall withhold final payment of at least TEN (10) percent of the full contract amount
until such time that the Final Conversion Report has been Certified by Town Council, or the
applicant withdraws the development application after preparation of a Draft Conversion
Report, or Town Council denies approval of the project.
(b) Invoicing and Payment for Services within Scope of Work. Subject to the invoicing
requirements set forth in this section, payment for services within the Scope of Work shall
be made upon satisfactory completion of all tasks within each phase described in section 2
of this Agreement, and in the dollar amounts attributed to each phase as also set forth in
section 2. Consultant shall present Town with invoices listing each task of each phase for
which payment is sought along with written acknowledgment by the Town, signed by the
Town Planning Director, or designee, that each task within each phase for which payment
is sought has been completed to the Town's satisfaction. Town shall only pay for
satisfactorily completed phases. Whether completed or not, Town shall not pay for
individual tasks within any phase of the project. Invoices shall also include the Town
purchase order number.
(c) Compensation for Additional Services. Consultant shall be compensated for services
performed at Town's request in addition to those required by the Scope of Work on an hourly
basis as follows:
(1) Principal at $100 per hour.
(2) Assistant at $30 per hour.
Consultant shall not be compensated by Town for any services performed in addition to those
required by the Scope of Work unless those services were requested in writing by Town in
advance of performance.
(d) Invoicing for Additional Services. Consultant shall submit invoices describing in detail the
additional services performed, the date(s) on which the services were performed, the person
who performed the services, the rate at which the services are being billed, any costs incurred
in performing additional services, and the Town purchase order number. Invoices shall be
accompanied by a copy of the Town's prior written request for the additional services for
which compensation is claimed.
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(e) Costs. The compensation amount for each phase as set forth in section 2 of this Agreement
is inclusive of related costs. Consultant shall not receive separate reimbursement for costs
incurred in performing the services set forth in the Scope of Work. Reasonable costs
incurred in performing additional services at the prior written request of Town shall be
reimbursed by Town.
Availability of Records. Consultant shall maintain the records supporting this billing for not less
than three (3) years following completion of the work under this Agreement. Consultant shall
make these records available to authorized personnel of Town at Consultant's offices during
business hours upon written request of Town.
9. Project Manager. The Project Manager for Consultant for the work under this Agreement shall
be Thomas P. Kerr.
10. Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of Town.
11. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed
postage prepaid, and addressed to:
To Town: Lee Bowman, Planning Director
110 East Main Street
P.O. Box 949
Los Gatos, CA 95031
To Consultant: Thomas P. Kerr, Inc.
3807 Pasadena Avenue, Suite 100
Sacramento, CA 95821
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
12. Independent Contractor. It is understood that 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 Town. As an independent contractor he /she shall not obtain any rights to
retirement benefits or other benefits which accrue to Town employee(s). With prior written
consent, Consultant may perform some obligations under this Agreement by subcontracting, but
may not delegate ultimate responsibility for performance or assign or transfer interests under this
Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Consultant shall be compensated for its costs and expenses
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in preparing for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
13. Conflict of Interest. Consultant understands that its professional responsibilities is solely to
Town. Consultant has and shall not obtain any holding or interest within Town of Los Gatos.
Consultant has no business holdings or agreements with any individual member of the Staff or
management of Town or its representatives nor shall it enter into any such holdings or
agreements. In addition, Consultant warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of Town in the subject of this Agreement, and it shall
immediately disassociate itself from such an interest should it discover it has done so and shall,
at Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall
take reasonable steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person, Consultant discovers it has
employed a person with a direct or indirect interest that would conflict with its performance of
this Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at Town's sole discretion, sever any such employment relationship.
14. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer
and shall comply with applicable regulations governing equal employment opportunity. Neither
Consultant nor its subcontractors do and neither shall discriminate against persons employed or
seeking employment with them on the basis of age, sex, color, race, marital status, sexual
orientation, ancestry, physical or mental disability, national origin, religion, or medical condition,
unless based upon a bona fide occupational qualification pursuant to the California Fair
Employment & Housing Act.
15.Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the contract, General
Liability insurance policies insuring him/her and his/her firm to an amount not less
than: one million dollars ($1,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to an
amount not less than one million dollars ($1,000,000) combined single limit per
accident for bodily injury and property damage.
iii. Consultant shall provide to Town all certificates of insurance, with original
endorsements effecting coverage. Consultant agrees that all certificates and
endorsements are to be received and approved by Town before work commences.
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17. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver
of a breach or default under this Agreement constitute a continuing waiver of a subsequent
breach of the same or any other provision of this Agreement.
18. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this Agreement
shall be in the Superior or Municipal Court of the County of Santa Clara.
19. Termination of Agreement. Town and Consultant shall have the right to terminate this
agreement with or without cause by giving not less than fifteen (15) days written notice of
termination. In the event of termination, Consultant shall deliver to Town all plans, files,
documents, reports, performed to date by Consultant. In the event of such termination, Town
shall pay Consultant an amount that bears the same ratio to the maximum contract price as the
work delivered to Town bears to completed services contemplated under this Agreement
pursuant to Exhibit A hereto, 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.
20. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement
is effective unless made in writing and signed by Town and Consultant.
21. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled
to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. -
22. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the
Agreement between Town and Consultant. No terms, conditions, understandings or agreements
purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the
party to be bound, shall be binding on either party.
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the date
indicated on page one (1).
TOWN OF LOS GATOS, by: CONSULTANT, by:
David W. Knapp, Town Manager
Town of Los Gatos
Print Name and Title
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iv. Consultant agrees to have and maintain, for the duration of the contract, professional
liability insurance in amounts not less than $1,000,000 which is sufficient to insure
Consultant for professional errors or omissions in the performance of the particular
scope of work under this agreement.
B. General Liability:
i. Town, its officers, officials, employees and volunteers are to be covered as insured
as respects: liability arising out of activities performed by or on behalf of Consultant;
products and completed operations of Consultant, premises owned or used by
Consultant. This requirement does not apply to the professional liability insurance
required for professional errors and omissions.
ii. Consultant's insurance coverage shall be primary insurance as respects Town, its
officers, officials, employees and volunteers. Any insurance or self- insurances
maintained by Town, its officers, officials, employees or volunteers shall be excess
of Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to Town, its officers, officials, employees or volunteers.
iv. Consultant's insurance shall apply separately to each insured against whom a claim
is made or suit is brought, except with respect to the limits of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to Town. current certification of such insurance shall be kept on file at all times during
the term of this agreement with Town Clerk.
D. In addition to these policies, Consultant shall have and maintain Workers' Compensation
insurance as required by California law and shall provide evidence of such policy to Town
before beginning services under this Agreement. Further, Consultant shall ensure that all
subcontractors employed by Consultant provide the required Workers' Compensation
insurance for their respective employees.
16. Indemnification. Consultant shall save, keep and hold harmless indemnify and defend Town its
officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or
expenses in law or equity that may at any time arise or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which may be
occasioned by a willful or negligent act or omissions of Consultant, or any of Consultant's
officers, employees, or agents or any subConsultant.
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ATTEST:
Approved as to form:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney
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