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HomeMy WebLinkAbout05-29-2026 Grant Agreement for the Establishment of Community Mediation Services with CDRSLO CITY OF SAN LUIS OBISPO GRANT AGREEMENT THIS AGREEMENT, dated ____________________________ for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (referred to herein as CITY), and the Center for Dispute Resolution at San Luis Obispo College of Law (referred to herein as GRANTEE). WITNESSETH: WHEREAS, GRANTEE requested $30,000 from the CITY in one-time start-up funds to establish a new community mediation center (the “Activities”) following the unexpected and sudden closure of Creative Mediation in June 2025 which greatly diminished the community’s access to free and low-cost dispute resolution services; and WHEREAS, on May 5, 2026, the City Council agreed to contribute $10,000 to support GRANTEE’s request; and WHEREAS, the Activities proposed by GRANTEE upon development of the community mediation center would help fill the resource gap left by the loss of Creative Mediation; and WHEREAS, the Activities further the priorities of the City Council and neighborhood wellness through the establishment of services that will be available to residents of the City, thereby serving both a public and municipal purpose. NOW, THEREFORE, CITY and GRANTEE for and in consideration of the mutual benefits, promises, and agreements set forth herein, do agree as follows: 1. The Request submitted by the GRANTEE on March 1, 2026, is incorporated into this agreement by reference and attached as Exhibit A. The specific scope of work for which funding may be used is set forth in Exhibit C. 2. GRANTEE is and shall at all times remain as to the CITY a wholly independent contractor. Any persons performing the Activities under this Agreement on behalf of GRANTEE shall at all times be under GRANTEE'S exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of GRANTEE or any persons performing the Activities under this Agreement on behalf of GRANTEE. GRANTEE shall not at any time or in any manner represent that it or any persons performing the Activities under this Agreement on behalf of GRANTEE are in any manner officers, employees, or agents of the CITY. 3. Government Code §1097.6: GRANTEE’s duties and services under this agreement shall not include preparing or assisting the CITY with any portion of the CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. GRANTEE’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. GRANTEE shall cooperate with the CITY to ensure that all bidders for a subsequent contract on any subsequent Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 5/29/2026 | 9:20 AM PDT phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by GRANTEE pursuant to this agreement. 4. GRANTEE hereby certifies and agrees that the Activities will promote and advance equitable treatment to all members of the CITY community, in which all persons can enjoy equal rights and opportunities without regard to race, religion, sex, national origin, sexual orientation, age, or disability. 5. GRANTEE agrees that all grant funds must be used solely for activities and purposes that are specifically approved in this Agreement, as set forth in Exhibit C and in accordance with Section 6 below, or as otherwise approved in advance in writing by the CITY. Grant funds may NOT be used for: • Advancing, campaigning, advocating, promotion, or highlighting political entities, ballot measures, initiatives, or candidates. • Advancing, advocating, promoting, or highlighting any religious causes, entities, individuals, or activities. Additionally, grant funds may not be used for the purpose of disseminating religious information in any form. • Activities that result in profit or personal financial gain. • Payment of CITY fees, permits, or fines. • Personal expenses not directly related to the approved project. • Payment in the form of stipends, honoraria, or similar direct payments to individuals. Any funds spent outside of the approved scope of work or in violation of these restrictions may be deemed unallowable and subject to repayment to the CITY. 6. GRANTEE will scope their Request in proportion to the amount of funding received, if not equal to the funding requested, so that the Request’s impacts are proportional to the funding received. 7. GRANTEE agrees to acknowledge the support of the CITY in promotional and public- facing materials related to the funded program. This acknowledgment shall include the use of the City’s standardized emblem, which will be provided by the CITY upon request. 8. GRANTEE agrees that within ten (10) calendar days of the effective date of this Agreement, GRANTEE shall add the following statement to the homepage of its organization and/or program website(s), if any: “Any activities supported by the City of San Luis Obispo funds are open and accessible to all otherwise qualified members of the public and without regard to race, religion, sex, national origin, sexual orientation, age, or disability.” The same statement shall also appear on a clearly visible “About,” “Funding,” or equivalent informational page(s) of the website. The statement shall be displayed prominently and may not be modified, except for formatting necessary to align with the website’s design. Failure to comply with this requirement within the specified timeframe may be considered a breach of this Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Agreement and cause for termination as stated below. GRANTEE shall send proof of added language to program administrator within the agreed upon time. 9. GRANTEE agrees to hold CITY harmless and to defend CITY against, from, and in any claim, action, proceeding, or hearing wherein there is an allegation charging liability on the part of the CITY as a result of any act or omission, negligent or otherwise, by GRANTEE. 10. CITY agrees to pay GRANTEE a one-time only grant, in the sum of $10,000, to be used for the Activities as described in Exhibit C and in accordance with this Agreement. The grant will be paid in one installment upon receipt of a fully executed contract. GRANTEE agrees that all funds awarded under this Agreement shall be expended within one (1) year of the date of execution of this Agreement. Any funds not expended within this period shall be returned to the CITY unless otherwise approved in writing by the CITY. 11. GRANTEE agrees to retain all financial and programmatic records related to the use of CITY grant funds for a minimum of five (5) years following the completion of the grant period. The CITY reserves the right to audit grant expenditures and documentation to ensure compliance with this Agreement. 12. GRANTEE will provide CITY with final program report, which will be due within twenty (20) days of the last date of the grant period which will summarize any administrative, financial, and performance outcomes related to the Activities. Said reports shall be in the form provided by the CITY as described in Exhibit B. Failure to provide required reports on time may result in disqualification from future CITY grant programs for a period of up to two (2) years and may require repayment of unexpended or improperly used funds to the CITY. 13. The CITY may terminate this agreement if 1) the funds appropriated for these Activities are no longer available, or 2) upon GRANTEE’S breach of this Agreement, including but not limited to failure to complete the Activities, failure to submit required reporting, or use of grant funds for an unlawful or unpermitted purpose or for a purpose other than furtherance of the Activities. Upon GRANTEE’S alleged breach, if curable, CITY shall notify GRANTEE in writing of the breach. If GRANTEE fails to cure the breach within ten (10) calendar days of receiving the notice, this Agreement shall be terminated. 13.1 If the Agreement is terminated due to GRANTEE’S breach, any funds not expended by GRANTEE in performance of the Activities at the time of termination, and/or any funds expended improperly as discussed in this section or Section 5 shall be returned to the CITY within ten (10) calendar days of said termination. 14. Any funds remaining unused by the last date of the grant period upon expiration of the Agreement pursuant to Section 10, or upon the termination of this Agreement pursuant to Section 13 above, shall be returned to CITY within ten (10) calendar days from the expiration or termination date of this Agreement. Should the CITY determine, following expiration of the Agreement, that funds were expended improperly as discussed in Section 5 or Section 13, such funds shall be returned to CITY within ten (10) calendar days of notification to the GRANTEE. Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 15.Intentionally omitted. 16.GRANTEE acknowledges and agrees that the CITY’s contribution is not necessarily an endorsement of any statements, opinions, findings, or conclusions made in GRANTEE’s Request or final report, and no such statements shall be attributed in any way to the CITY. Further, CITY’s contribution is not necessarily an endorsement of any actions GRANTEE may make, or of any statements or opinions GRANTEE may express. 17.GRANTEE shall not assign or transfer this Agreement, or any portion thereof, without prior written consent of the CITY. 18.GRANTEE agrees that this agreement may be amended only by written agreement signed by both the CITY and the GRANTEE. 19.GRANTEE shall comply with all applicable federal, state, and local laws, regulations, and ordinances. 20.For purposes of notice under this Agreement, all notices shall be delivered electronically via DocuSign or another City-approved electronic delivery or signature platform. Such electronic delivery shall be deemed equivalent to certified mail for purposes of official notice. Notices shall be considered effective upon transmission to the following electronic addresses: CITY: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: Greg Hermann, Department Head - Administration GRANTEE: Center for Dispute Resolution at San Luis Obispo College of Law 4119 Broad Street, #200 San Luis Obispo, CA 93401 ebaltodano@slolaw.org (805) 322-3412 Attn: Erica Flores Baltodano IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized: Grantee By: Erica Flores Baltodano, Campus Dean Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION By: Greg Hermann, Deputy City Manager – Administration APPROVED AS TO FORM: By: Christine Dietrick, City Attorney Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 To: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 From: Advisory Board Center for Dispute Resolution at San Luis Obispo College of Law 4119 Broad Street #200 San Luis Obispo, CA 93401 Attn: Mayor and City Council Re: Response to Council Request for More Information Regarding CDRSLO Grant Funding Request March 1, 2026 Dear Mayor Stewart and Honorable City Council Members: Thank you for your consideration and robust discussion regarding the grant request made by the Center for Dispute Resolution at San Luis Obispo College of Law (CDRSLO) at the February 17th City Council meeting. We understand that the council would like more information about the requested $30,000 for one-time funds to support the establishment of a new community mediation center. In order to begin providing services to community members, the first critical step for the new mediation center is to hire a staff member who will provide the administrative oversight for establishing necessary technology and physical infrastructure, developing a pool of trained volunteer mediators, responding to RFPs to secure sustainable program funding, and facilitating other preparations for program start up. The staffing costs as outlined in the Start-Up Budget Estimate represent only the initial staffing costs to be incurred before programs are established with ongoing contract funding streams. The total costs for establishing the center, including both the initial pre-program staff expense and other costs associated with preparing for program start up, are estimated at $89,718. The Exhibit ADocusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 San Luis Obispo College of Law has offered to provide physical space, wifi and office supplies, bringing the total needed down to $56,878. The Center for Dispute Resolution is seeking the support of the City of San Luis Obispo as the critical first partner to help offset these one-time costs. A contribution of $30,000 from the city would allow for the following initial costs to be covered: ● Purchase of Staff Computer: $2,500 ● Community Outreach (Digital and Print): $2,000 ● Initial Insurance: $2,100 ● Staffing, Specialized Training and [a portion of] Initial Salary: $23,400 Our hope is that other key partners, such as Cal Poly and Cuesta College, will join with the city to help cover the remaining $26,878 needed, as outlined in the original request for grant funding. Those additional costs include: ● IT, Website and Telephone: $20,450 ● Remaining Portion of Initial Staff Salary: $6,428 In addition to seeking funding from key community partners to offset the one-time start-up costs outlined above, the CDRSLO Advisory Board has been working to establish a network of philanthropic supporters from the community to develop a sustainable funding mix that will lead to a successful, sustainable community mediation center that can serve our community for decades to come. As you know, developing relationships with private donors requires stewardship over time, and the dividends of these efforts will take time to come to fruition. Onboarding a staff member to serve as the hub of the wheel from an administrative perspective is sure to accelerate these efforts. We want to deeply thank the city for considering this request to play a critical role in supporting the re-establishment of this essential community resource. Our volunteer advisory board is committed to seeing this project through, as we know firsthand how vital conflict resolution services have been to our community. Thank you for your consideration and support. Sincerely, CDRSLO Advisory Board Members Lisa Sperow President/CEO Monterey College of Law lsperow@montereylaw.edu (831) 717-7290 Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Erica Flores Baltodano Campus Dean San Luis Obispo College of Law ebaltodano@slolaw.org (805) 322-3412 Dena Dowsett Assistant Dean of Market Development Monterey College of Law ddowsett@slolaw.org (831) 233-9861 Nicolina Galante Community Mediator/Former Division Manager at Creative Mediation nicolinagalante@gmail.com Samantha Watkins Former Director, Creative Mediation Mediator/Owner Solve Consulting and Mediation, LLC sam@solvecm.com (805) 440-3154 Steffanie Medina Former Director, Creative Mediation Mediator/Owner, Flow LLC steff@flow-llc.com (805) 202-8539 Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Jason Mockford Senior Director, Leadership & Service California Polytechnic State University jmockfor@calpoly.edu (805) 756-5457 Kelly Donohue Former Community Mediator kdonohuedesign@gmail.com (310) 666-8013 Attachments: Start-Up Budget Estimates Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Center for Dispute Resolution at the San Luis Obispo College of Law Start-Up Budget Estimates Expense Budget IT, Website and Telephone ● Initial expense to establish dedicated phone line ● Purchase of case management software ● Initial expense to develop cloud-based file sharing ● Initial expense to establish video conferencing subscription ● Development of Interactive website 20,450 Tech Equipment ● Staff computer 2,500 Community Outreach ● Materials and Print Services ● Social Media 2,000 Insurance ● Initial installment to establish Professional Liability and Workplace coverage 2,100 Staffing ● Hiring Costs ● Salary for director (anticipated 0.7 FTE) ● Specialized training in community mediation 29,828 SLO College of Law In-Kind Investment ● Designated Office Space ● Conference Room ● Caucus Rooms ● Training Rooms ● Wifi ● Photocopier and Scanner ● Office Furniture and Supplies ● Administrative Support and Overhead 32,840 Anticipated Start Up Expenses $89,718.00 SLO College of Law In-Kind Investment ($32,840.00) Funds Needed $56,878.00 Requested Grant Monies from City of SLO $30,000.00 Additional Funds to be Raised through Private Donor Fundraising and Contributions from other Key Community Partners (Cal Poly, Cuesta, etc.) $26,878.00 Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Exhibit B Reporting Guidelines GRANTEES receiving funds through the CITY OF SAN LUIS OBISPO are required to submit a final program report to the CITY OF SAN LUIS OBISPO, to their program administrator. Each report must include the following four sections: 1. Administrator’s Report A summary of services, programs, or activities provided (as described in Exhibit A). This section should include: • Any updates or changes to operations or service delivery. • Barriers or challenges faced and how they were addressed. • Any partnerships, collaborations, or community engagement efforts that enhanced inclusion or belonging. • Success stories, testimonials, or examples that illustrate community impact. 2. Financial Report Provide a clear accounting of how the City’s grant funds were used or are planned to be used. Report must include: • A breakdown of expenditures by category (e.g., staffing, outreach, materials, events). • Identification and explanation of any unused funds. • Note: City grant funds may not be used for: o Advancing, campaigning, advocating, promotion, or highlighting political entities, ballot measures, initiatives, or candidates. o Advancing, advocating, promoting, or highlighting any religious causes, entities, individuals, or activities. Additionally, grant funds may not be used for the purpose of disseminating religious information in any form. o Activities that result in profit or personal financial gain. o Payment for City fees or permits o Personal expenses not directly related to the approved project o Payment in the form of stipends, honoraria, or similar direct payments to individuals. 3. Reflection & Impact Please take a moment to reflect on your work and share insights: • What outcomes or successes are you most proud of? • What lessons or insights have you gained during this grant period? • What additional support or resources could help strengthen your impact? Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Exhibit C CITY OF SAN LUIS OBISPO GRANT SUMMARY OF ACTIVITIES GRANTEE ORGANIZATION: Center for Dispute Resolution at the San Luis Obispo College of Law ACTIVITY(IES): Establishment of a new community mediation center Grant funding has been allocated specifically for the purpose(s) stated below: • Purchase of Staff Computer: $250 • Community Outreach (Digital and Print): $500 • IT & Communications (a portion of case management software subscription, set-up, and training costs and website design and CMS integration costs): $ 9,250 Any requests for modifications to the use of funds specified above must be approved in advance by the CITY in writing. Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 Exhibit D – Insurance Requirements Without limiting GRANTEE’s indemnification of City, and prior to commencement of work, GRANTEE shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City. General liability insurance. GRANTEE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Excess insurance. Should GRANTEE obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and/or employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. Workers’ compensation insurance. If applicable, GRANTEE shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). GRANTEE shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. Undisclosed coverage limitations are prohibited. None of the coverages required herein shall comply with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Notice of cancellation. GRANTEE agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the GRANTEE’s insurers are unwilling to provide such notice, then GRANTEE shall have the responsibility of notifying the City immediately in the event of GRANTEE’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that GRANTEE’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. Pass through clause. GRANTEE agrees to ensure that its subconsultants, sub-grantees, and any other party who is brought onto or involved in the project/service by GRANTEE (hereinafter Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088 collectively “sub-grantee”), provide the same minimum insurance coverage and endorsements required of GRANTEE. GRANTEE agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event GRANTEE’s sub-grantee cannot comply with this requirement, which proof must be submitted to the City, GRANTEE shall be required to ensure that its sub-grantee provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with sub-grantee’s scope of work and services, with limits less than required of the GRANTEE, but in all other terms consistent with the GRANTEE’s requirements under this agreement. This provision does not relieve the GRANTEE of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its sub-grantees. This provision is intended solely to provide GRANTEE with the ability to utilize a sub-grantee who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the GRANTEE under this agreement given the limited scope of work or services provided by the sub-grantee. GRANTEE agrees that upon request, all agreements with sub-grantee, and others engaged in the project, will be submitted to City for review. City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the GRANTEE ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the GRANTEE, the City and GRANTEE may renegotiate GRANTEE’s compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Timely notice of claims. GRANTEE shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from GRANTEE’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional insurance. GRANTEE shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Verification of Coverage. GRANTEE shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements affecting general liability coverage. All endorsements are to be received and approved by the City before work commences. Docusign Envelope ID: 7BA488E2-BD1B-84A7-80E1-909574EE0088