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HomeMy WebLinkAbout09-25-2015 Creative Mediation - AgreementAGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on R'z 5- (5 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Creative Mediation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City wants to offer a SLO Solutions Program to residents of San Luis Obispo, through a 2 year contract (July 1, 2015 to June 30, 2017) with Creative Mediation, which would provide residents with unlimited access to mediation programs and will cost a total of $46,584 with offsetting costs paid by Cal Poly University and Cuesta College, thereby reducing the City's net cost to $30,256 for the contract period. WHEREAS, the City has agreed to contract with Creative Mediation for that portion of the program costs prorated to the City ($30,256); and WHEREAS, Cal Poly University has agreed to execute a separate contract with Creative Mediation for Cal Poly's portion of the SLO Solutions Program costs ($12,904); and WHEREAS, Cuesta College has agreed to execute a separate contract with Creative Mediation for Cuesta's portion of the SLO Solutions Program costs ($3,424); and WHEREAS, the City, Cal Poly and Cuesta College have all agreed to execute an agreement to participate in the SLO Solutions Program; and WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so, which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from July 1, 2015 through June 30, 2017. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed $30,256.00. Page 2 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Police Department City of San Luis Obispo 1042 Walnut Street San Luis Obispo, CA 93401 ATTN: Christine Wallace Neighborhood Outreach Manager Contractor Creative Mediation Services 285 South Street, Suite J San Luis Obispo, Ca 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. :PW44 APPROVED AS TO FORM: Christine Dietrick, City Attorney CITY OF SAN LUIS Corporation Page 3 OBISPO, A Municipal By: F 1� Ka ' r tig, Manager CONTRACTOR By: 6eati e Mediation Exhibit B CONTRACT PERFORMANCE TERMS Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781 -7134. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub - contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non - Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub - contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time Exhibit B: Contract Performance Terms Page B -2 of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor (Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and /or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub - contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16_ Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same, provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault -free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990 -1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. Upon request by the City, the Contractor will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18, Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. UPDATED 5/2011 Exhibit B: Contract Performance Terms B -3 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work -in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. Contractor will provide: a. Five copies of the final report that addresses all elements of the workscope. Any documents or materials provided by Contractor will be reviewed by City staff and, where necessary, Contractor will respond to staff comments and make such changes as deemed appropriate. b. One camera -ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope, Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible: Exhibit B: Contract Performance Terms Paae B-4 • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw, Pagemaker • Computer Aided Drafting (CAD) AutoCad Computer files must be on 31/2 ", high - density, write - protected diskettes, formatted for use on IBM - compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to four public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or sub - contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability 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. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self - insured retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Exhibit B: Contract Performance Terms Page B -5 d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • 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. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled 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 City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. GK'S Y rJ.o Manager City • n� 4 Final City Manager Approval Approver Name Date Approved City Administration JD 09/16 Citv Attornev Finance - jed MWP 7/29 i 7/21 DATE FROM: Chris Staley, Acting Chief of Police PREPARED BY: Christine Wallace, Neighborhood Outreach Manager SUBJECT: SLO Solutions Agreement FY 2015 -2017 RECOMMENDATION Approve the award of a contract on a sole source basis with Creative Mediation Services in the amount of $15,128 annually for FY 2015 -17 to continue administering the SLO Solutions Conflict Resolution Program. DISCUSSION Since 2004, the City has contracted with Creative Mediation Services for the administration of a community mediation and conflict resolution service for residents of San Luis Obispo, aptly called SLO Solutions. Creative Mediation is a San Luis Obispo based public benefit corporation specializing in conflict resolution and mediation services. The services offered through the SLO Solutions program are free of charge to City residents. Cuesta College and Cal Poly University are program partners with the City in SLO Solutions, with each entity contributing a portion of the contract costs based on the percentage of residents living in the city. The formula for the cost distribution is detailed in the Fiscal Impact section of this report. Each entity executes a separate contract with Creative Mediation for their portion of the contract. Creative Mediation is responsible for administering the program, recruiting and training volunteers and collecting necessary data for program evaluation. A program description has been developed that outlines the scope of services and costs for the SLO Solutions Program and the roles and responsibilities of each program partner. All of the program partners are responsible for promoting the program to the residents of San Luis Obispo; the Police Department Office of Neighborhood Services is responsible for administering the program for the City. SLO SOLUTIONS PROGRAM AGREEMENT Sole Source Basis 2 The City of San Luis Obispo has contracted with Creative Mediation Services for over ten years; there are no other programs that offer the same services to the community. Therefore, staff is recommending a sole source award to continue offering mediation services for the next two years. The Police Department has budgeted $15,200 for FY 2015 -16 and $15,200 for FY 2016- 17. Program Data Creative Mediation collects data to measure the effectiveness of the program since its inception in 2004. Annual reports are generated and there is frequent contact among program partners through the Student Community Liaison Committee (SCLC). SCLC serves as a mechanism of communication between Cal Poly, the City of San Luis Obispo, the County of San Luis Obispo and community organizations. The mission of SCLC is to proactively engage in discussions to promote positive relations, mutual respect and improve quality of life of all citizens of San Luis Obispo. During the past contract period FY 2013 -15, the SLO Solutions Program served 2,594 residents. 628 served self - identified as students at Cal Poly or Cuesta College. Individuals who used the program were provided a range of services including: • Telephone information, assistance and referral • Conflict coaching • In- person mediation • Communication and conflict resolution training A total of 622 residents received conflict coaching and 208 received referral services for other community resources. 269 residents were compelled to pursue mediation to resolve their dispute resulting in 129 agreements. ADD MEDIATION AND FACILITATION NUMBERS In addition to conflict resolution and mediation, Creative Mediation conducted conflict resolutions workshops for community groups: • Training for Cal Poly students involved in the Orientation and WOW programs • Training for students in Leadership at Cuesta (Spring and Fall) • Training for staff of multiple Cal Poly departments including Housing and Dean of Students office • Training in Communication and Conflict Resolution for RAs, Student Leadership, and other Freshmen at Cal Poly in collaboration with SUSTAIN • Training for Conflict Resolution class at Cal Poly • Training for SNAP employees on difficult conversations SLO SOLUTIONS PROGRAM AGREEMENT Program Evaluation Paqe 3 Creative Mediation staff continues to implement a customer satisfaction survey that is administered verbally to participants after referral, conflict coaching or mediation sessions. The survey consists of two questions: "Was the conversation helpful to you ?" and "Would you recommend this service ?" 96% of respondents answer "yes" to both questions. Staff believes the SLO Solutions program continues to provide an essential and valuable service to the community and represents an effective partnership between the City, Cuesta College and Cal Poly. Staff recommends continuing the program for FY 2015 -2017. FISCAL IMPACT The total cost of the SLO Solutions program for FY 2015 -2017 is $46,584. The cost is reflective of the current census data as well as current enrollment numbers for Cuesta College and Cal Poly. The following depicts the two -year cost based on the number of students from each entity living in the City as well as the proportionate share of the $1,500 per year ($3,000 total) marketing and outreach appropriation. Annual Program Cost: Number of San Luis Obispo Residents Served: 45,119 (x.483) _ $21,792 Marketing Costs $ 1,500 $23,292 per year Two Year Program Cost = $46,584 Two Year Breakdown by Partnering Agency (residents + marketing) Cuesta College — 7.35% of residents + $221 marketing $ 3,424 Cal Poly University — 27.7% of residents + $831 marketing $12,904 City of San Luis Obispo — 64.95% of residents + $1948 marketing $30,256 $46,584 ALTERNATIVES 1. Decline to award contract and direct staff to cease participation in the SLO Solutions program. Based on the utilization of this program, staff recommends the City continue to fund the service. SLO Solutions provides the essential opportunity to help residents develop long -term solutions to conflicts which reduce the need for the Police to deal with on -going community related conflicts. 2. Decline to award the contract and direct staff to develop and release an RFP for community mediation services. Staff does not recommend this alternative. Creative Mediation is a leading and proven provider of community conflict resolution services the City receives excellent service in a cost effective way. TACity Manager Rcports\Policel20,151CMR SLO Solutions.docm