1992-133 - Authorize the Town Manager to execute an amendmentRESOLUTION 1992 -133 a
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983,
AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR
IMPLEMENTING THE RENT MEDIATION PROGRAM;
AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY
HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET
PRICE HOUSING PROGRAM - FISCAL YEAR 1992 -1993
WHEREAS, TOWN AND INFORMATION AND REFERRAL SERVICES, INC.,
(I &R) executed an Agreement for provision of landlord /tenant conflict resolution service
on September 6, 1983; and
WHEREAS, TOWN and I &R executed an Amendment to the Agreement on
March 1, 1988, ('the Amendment ") to extend the agreement one year, add Exhibits A and
B and make general clarifications; and
WHEREAS, TOWN and I &R executed further Amendments to the
Amendment to continue services through June 30, 1992; and
WHEREAS, TOWN AND COMMUNITY HOUSING DEVELOPERS
(CHD) executed an Agreement for provision of Below Market Price Housing Program
services in November 1988 for the period from January 1, 1989, through June 30, 1990 and
amendments to extend services through June 30, 1992;
CSD08:A: \RESOS \CS072092.133 -I-
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE that the Town Manager be and is authorized to
execute 1) Amendment to March 1, 1988, Amendment to September 6, 1983, Agreement
with Information and Referral Services, Inc. for provision of landlord /tenant conflict
resolution services, effective July 1, 1992, through June 30, 1993, attached as Exhibit A; and,
2) Amendment to July 1, 1991, Agreement with Community Housing Developers for
implementing the Below Mark Price Housing Program, attached as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th day of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN: Brent N. Ventura
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST: LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LQ�6ATOS
LOS GATOS, CALIFORNIA
CSD08 * \RES0S \CS072092.133 -2_
AMENDMENT TO MARCH 1 1988 AMEND
RFfin ��Z
81.,
MENT TO SEPTEMBER 6, 1983, AGREEMENT
BY AND' BETWEEN THE TOWN OF LOS GATOS
AND INFORMATION & REFERRAL SERVICES, INC.
FOR PROVISION OF LANDLORD /TENANT
CONFLICT RESOLUTION SERVICE
FISCAL YEAR 1992_93
This AMENDMENT TO THE MARCH 1, 1988, AMENDMENT TO THE SEPTEMBER 6, 1983,
AGREEMENT is entered into this 20th day of July, 1992, by and between TOWN OF
LOS GATOS, a municipal corporation ( "TOWN ") and INFORMATION & REFERRAL SERVICES,
INC. ( "I&R „).
WHEREAS, TOWN and I&R executed an Agreement for provision of
landlord /tenant conflict resolution service on September 6, 1983, ( "Agreement ");
and
WHEREAS, TOWN and I&R executed an Amendment to the Agreement on March 1,
1988, ( "the Amendment ") to extend the agreement one year, add Exhibits A and B
and make general clarifications; and
WHEREAS, TOWN and I&R executed further amendments to the Amendment to
continue services through June 30, 1992; and
WHEREAS, TOWN and I&R wish to continue this contractual relationship for
the Council- approved program;
N07 THEREFORE, THE PARTIES AGREE to amend the Amendment as follows:
1• Amendment Exhibits A and B shall be replaced by attached
Exhibits A and B.
2. Section III shall be amended to read:
This Agreement will terminate June 30, 1993.
3• The terms and conditions of the original Amendment and
Agreement 'excel as herein amended, shall remain in
full force Ind effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for provision of landlord /tenant conflict resolution service on the
date written above, effective retroactively to .Iuly 1, 1992.
APPROVED AS TO FORM:
Katherine Anderton
Town Attorney
ATTEST:
Marian V. Cosgrove
Town Clerk
AS TO CONTENT:-
r
CSD01:A: \C0ntr4Ct \1NF0NFEF.AM0
TOWN OF LOS GATOS
David W. Knapp
Town Manager
INFORMATION & REFERRAL
SERVICES, INC.
Harryette Shuell
Executive Director
I N F O R M A T 1 0 & R E F F, R R A L S R V I C E S
aim A EXHIBIT A
1245 South Winchester Blvd., #200
San Jose, CA 95128
Telephone: (408) 345.4532
Fax: (408) 243-0285
Senior 1 &R (408) 345 -4532
3atekeeper (408) 345-4532
Senior Friendship Line(408)243 -8567
Los Gatos & Campbell
Rent Mediation Program (408) 243 -8565 March 25, 1992
To: Regina Falkner
Town of Los Gatos
From:
Harryette Shuell
Information and Referral Services, Inc.
Re: 1992 -93 Scope of Services
Los Gatos Rent Mediation
The Los Gatos Rent Mediation program of Information and Referral Services,
Inc. will provide the following services for the residents and /or owners of the
approximately 2200 rental units covered under the Rent Mediation Ordinance.
INDICATORS 1989 -90 1990 -91 1991 -92 1992 -93
Actual Actual Estimate Target
Tenant/Landlord
Counseling Units 1680
2640 2000 2000
# of Petitions filed 21
17 10 10
Telephone Conciliation 21
17 10 10
Mediations Held 8
9 5 5
Arbitrations Held 1
4 1 1
We are requesting that while the Total budget amount remain the same, that
line items for T/L Coordinator be increased $500 and Equipment $200 while
line item for mediators and arbitrators be reduced $700. See attached:
I N C
L 1 N K 1 N G P E 0 P L E T 0 S E R V I C E 8
/I
M
LOS GATOS RENT MEDIATION
PROPOSED BUDGET
July 1, 1992 - June 30 1993
PERSONNEL
Executive Director
Clerical/Adm. Support
T/L Coordinator
Bookkeeper
Fringe Benefits
Sub Total
NON - PERSONNEL
Rent
Telephone
Supplies
Equipment
Printing
Insurance
Postage
Mileage
Misc.
Sub Total
CONTRACT SERVICES
Accounting /Audit
Mediators/Arbitrators
Sub Total
TOTAL
E
$ 3,500
2,970
11,750
560
3,000
$ 21,780
$ 4,000
1,200
960
200
400
400
100
260
$ 8,170
800
1,000
$ 1,800
$ 31,750
EAHIBIT A
P
EXHIBIT B.
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. The cost
of such insurance shall be borne by the Contractor.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance services Office form number GL 0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
( "occurrence" form CG 0001).
2. Insurance Services office form number CA 0001 (Ed 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability insurance.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall
apply separately to this project /location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident
for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
C. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self - insured retentions must be declared to and approved
by the Town. At the option of the Town, either: the insurer shall reduce
Revised August 9, 1991 Reviewed July 6, 1992 24
-2-
or eliminate such deductibles or self - insured retentions as respects the
Town its officers, officials, employees and volunteers; or the Contractor
shall procure a bond guaranteeing payment of losses and related investiga-
tions, claim administration and defense expenses.
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor,
products and completed operations of the Contractor, premises
owned, occupied or used by the Contractor, or automobiles
owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Town, its officers, officials,
employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance
as respects the Town, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by the
Town, its officers, officials, employees or volunteers shall
be excess of the Contractor's insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Town, its officers,
officials, employees or volunteers.
d. The Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability coverage
The insurer shall agree to waive all rights of subrogation against
the Agency, its officers, officials, employees and volunteers for
losses arising from work performed by the contractor for the Town.
Revised August 9, 1991 Reviewed duly 6, 1992 25
-3-
3. All Coverages
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, cancelled by
either party, reduced in coverage or in limits except after thirty
(30 days' prior written notice by certified mail, return receipt
requested, has been given to the Town.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
F. VERIFICATION OF COVERAGE
Upon execution of this agreement, Contractor shall furnish the Town with
certificates of insurance and with original endorsements effecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to
be on forms provided by the Town. Where by statute, the Town's workers'
compensation - related forms cannot be used, equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Town before work
commences. The Town res=rves the right to require complete, certified
copies of all required insurance policies, at any time.
G. SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all
of the requirements stated herein.
CSD13:A: \CONTRACT \CD8GA9re.193
Revised August 9, 1991 Reviewed July 6, 1992 26
RESOLUTION 1992 -133 b
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE:
1) AMENDMENT TO MARCH 1, 1988, AMENDMENT TO SEPTEMBER 6, 1983,
AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC., FOR
IMPLEMENTING THE RENT MEDIATION PROGRAM;
AND, 2) AMENDMENT TO JULY 1, 1991, AGREEMENT WITH COMMUNITY
HOUSING DEVELOPERS FOR IMPLEMENTING THE BELOW MARKET
PRICE HOUSING PROGRAM - FISCAL YEAR 1992 -1993
WHEREAS, TOWN AND INFORMATION AND REFERRAL SERVICES, INC.,
(I &R) executed an Agreement for provision of landlord /tenant conflict resolution service
on September 6, 1983; and
WHEREAS, TOWN and I &R executed an Amendment to the Agreement on
March 1, 1988, ( "the Amendment ") to extend the agreement one year, add Exhibits A and
B and make general clarifications; and
WHEREAS, TOWN and I &R executed further Amendments to the
Amendment to continue services through June 30, 1992; and
WHEREAS, TOWN AND COMMUNITY HOUSING DEVELOPERS
(CHD) executed an Agreement for provision of Below Market Price Housing Program
services in November 1988 for the period from January 1, 1989, through June 30, 1990 and
amendments to extend services through June 30, 1992;
CSD08 * \RES0S \CS072092.133 -I-
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE that the Town Manager be and is authorized to
execute 1) Amendment to March 1, 1988, Amendment to September 6, 1983, Agreement
with Information and Referral Services, Inc. for provision of landlord /tenant conflict
resolution services, effective July 1, 1992, through June 30, 1993, attached as Exhibit A; and,
2) Amendment to July 1, 1991, Agreement with Community Housing Developers for
implementing the Below Mark Price Housing Program, attached as Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 20th day of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED: /
MAYOR OF THE TOWN OF LOS GATOS
ATTEST: LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSDW* \RES0S \CS072092.133 -2-
AMENDMENT TO AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND COMMUNITY HOUSING DEVELOPERS
FOR COMMUNITY SERVICES - FISCAL YEAR 1992 -93
This AMENDMENT TO AGREEMENT is entered into this _ day of , 1992,
by and between TOWN OF LOS GATOS, a municipal corporation ( "TOWN ") and COMMUNITY
HOUSING DEVELOPERS, a nonprofit corporation ( "CONTRACTOR ").
WHEREAS, TOWN and CONTRACTOR executed an Agreement for services necessary
to implement the Town's Below Market Price Program from January 1, 1989, through
June 30, 1990 and executed Amendments to the Agreement to continue services
through June 30, 1992; and
WHEREAS, the Town Council and Community Housing Developers wish to continue
this contractual relationship for the Council- approved program;
NOW, THEREFORE THE PARTIES AGREE
1. The term of the contract shall be extended from July 1, 1992, through
June 30, 1993.
2. Exhibit E Section 1.01- Payments to Contractor is amended to require
submittals and payment as follows:
Semi - Annual Performance Report Due Payment Date
(July- December) January 15, 1993 February 12, 1993
(January -June) July 15, 1993 July 30, 1993
3. The terms and conditions of the original Agreement and the subsequent
amendment, except as herein amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for community services on the date written above, effective July 1,
1992.
APPROVED AS TO FORM:
Katherine Anderton
Town Attorney
ATTEST:
Marian V. Cosgrove
Town Clerk
APPROVED AS TO CONTENT
CS013:A: \CONTPACT \CONHOUS.DEV
TOWN OF LOS GATOS
David W. Knapp
Town Manager
COMMUNITY HOUSING DEVELOPERS
Ronald Morgan
Executive Director