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HomeMy WebLinkAboutA58-04AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on July 1, 2004 b y 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 one-year contract with Creative Mediation, which would provide residents with unlimite d access to mediation programs and will cost a total of $20,423, with offsetting costs paid by Cal Pol y University and Cuesta College, thereby reducing the City's net cost to $13,265 in 2004-05 ; and WHEREAS, the City has agreed to contract with Creative Mediation for that portion of th e program costs prorated to the City ($13,265) and to Cuesta College ($1,500) for a total contract amoun t of $14, 765, with the City agreeing to invoice Cuesta College for their portion ; an d 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 ($5,658); an d WHEREAS, the City, Cal Poly, and Cuesta College have all agreed to execute an agreement t o participate in the SLO Solutions Program ; and WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposa l to do so which has been accepted by City . NOW THEREFORE, in consideration of their mutual promises, obligations and covenant s hereinafter contained, the parties hereto agree as follows : 1. TERM .The term of this Agreement shall be from September 1, 2004 through Augus t 31, 2005 . 2. CITY'S OBLIGATIONS .For providing services as specified in this Agreement, Cit y will pay and Contractor shall receive therefor compensation in a total sum not to exceed $14,765 .00 . Agreement Page 2 4.CONTRACTOR'S OBLIGATIONS .For and in consideration of the payments an d agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City t o 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 an d incorporated into this Agreement. 5.AMENDMENTS .Any amendment, modification or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the City Administrativ e Officer of the City. 6.COMPLETE AGREEMENT .This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreement between the partie s hereto . No oral agreement, understanding, or representation not reduced to writing and specificall y 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 : Police Department City of San Luis Obisp o 1042 Walnut Stree t San Luis Obispo, CA 9340 1 ATTN : Rob Bryn, Neighborhood Services Manage r Creative Mediation Services 265 South Street, Suite A San Luis Obispo, Ca 9340 1 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t that each individual executing this agreement on behalf of each party is a person duly authorized an d empowered to execute Agreements for such party . IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y and year first above written . City Contractor Agreement Page 3 ATTEST :CITY OF SAN LUIS OBISPO, A Municipa l Corporatio n CONTRACTO RAPPROVED AS TO FORM : By :