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HomeMy WebLinkAboutReso - CC - 085-1998RESOLUTION 85-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER TO PROVIDE CKI]u lil li1�l Y Y•/i%L�I�/�1 YTI�`i.��/Z�II.y RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Peninsula Conflict Resolution Center is an organization devoted to provide community mediation services in the San Mateo County; and WHEREAS, these community mediation services have served as an important adjunct to the efforts of the City in having persons comply with the City's regulations; and WHEREAS, these services also provide an important means of resolving disputes between neighbors, landlords and tenants, and other persons; and WHEREAS, the principles of mediation are key to reducing litigation and seeking amicable solutions to tough problems, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved. 2. The City Manager is authorized and directed to execute the Agreement for and on behalf of the City of Burlingame. 3. The City Clerk is directed to witness the e YOR of the City. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 3 rd day of Auaust .1998, and was adopted thereafter by the following vote: -1- AYES: COUNCILMEMEERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK -2- PENINSULA CONFLICT RESOLUTION CENTER 520 South El Canino Real, Suite 640, San Mateo, CA 94402 (650) 373-3490 ••• FAX (650) 373-3495 Agreement for the Provision of Community Mediation Services The Peninsula Conflict Resolution Center (PCRC), a 501(c)(3) non-profit corporation wishes to provide conflict resolution services for the City of Burlingame (City). The Peninsula Conflict Resolution Center is an independent contractor, organized in accordance with the laws of California and capable of performing the conflict resolution services described in this agreement. In consideration of the mutual agreements defined in this document, the PCRC and (City) agree as follows: 1. SERVICES. The PCRC shall provide the services described in Exhibit A which is attached to this agreement. 2. FUNDING. Funding shall be provided by the City and in no event exceed the fee of $11,727. Upon request, PCRC shall provide documentation which shall specify how the funds requested shall be spent, including such details as the City deems appropriate. 1998 3. CONTRACT TERM. This contract shall commence on July 1, 199.7 and shall terminate on June 30,1991/unless terminated before that time, as described in Paragraph 6 of this agreement. 71999 4. PROGRAM REPORTS. A performance report shall be submitted to the City on a quarterly basis. This report shall include a description of all program activity related to this grant for the particular quarter. 5. BREACH OF CONTRACT. The City reserves the right to waive any and all breaches of this contract, any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event the City chooses to waive a particular breach of this contract, it may condition said waiver on payment by PCRC of actual damages occasioned by such breach of contract. PCRC shall make every effort to resolve the breach quickly and amicably. 6. TERMINATION. In the event the PCRC is unable to fulfill its responsibilities under this contract for any reason whatsoever, including circumstances beyond its control, the City may terminate this contract. Either party to this agreement may terminate this contract without cause by giving 10 days written notice to the other party . 7. INTEREST OF PUBLIC OFFICIALS. No members, officer or employee or agents of the City, no member of the City Council, and no other public official who exercises any function or responsibility with respect to this program during his/her tenure, shall have any interest, direct or indirect, in this contract or a related subcontract or the proceeds thereof. S. RELATIONSHIP OF PARTIES. It is expressly understood that PCRC is an independent contractor and that no agency, employee or other relationship is intended to be or is established by this contract. �. INSPECTION OF PROGRAM. It is understood that periodic review of PCRC's program may be necessary and the right to do so is reserved by the City. 10. ASSIGNABILITY. PCRC shall not assign in this agreement and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of the City. 11. HOLD HARMLESS AND INSURANCE. PCRC agrees (1) to hold harmless and indemnify the City and its officers and employees from and against any and all claims, loss, liability, damage and expense arising from performance of this contract, including claims, loss, liability, damage and expense caused or claimed to be caused by passive negligence of the City or its officers or employees. (2) to defend (City), its officers or employees thereragainst; provided however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of (City) or (b) the active negligence of (City). General liability and automobile liability insurance shall provide the following minimum benefits: (1) general liability, including comprehensive form, personal injury, broad form property damage, contractual and premises/operation in limts of $1,000,000. aggregate, bodily injury and property damage combined: (2) automobile liability in limits of $1,000,000, bodily injury and property damage combined. Additionally, workers compensation insurance in at least the minimum statutory amounts shall be maintained. All liability insurance policies shall specify (City), its elective and appointed boards, commissions, officers, agents and employees as additional insureds. A certificate of insurance shall be provided to (City) prior to performance pursuant to this contract. Further, any changes in insurance, required herein must be approved in writing by the City Attorney's Office. 12. NONDISCRIMINATION. a. General: No person shall, on the basis of race, color, national origin, religious affiliation or nonafftliation, marital status, medical condition, sex, age, handicap, sexual orientation or political affiliation be excluded from participation in, be denied the benefits or be subjected to discrimination, under this agreement. b. Employment: PCRC shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluation and management relations, for all employees under this agreement. PCRC's personnel policies shall be made available to the City upon request. 13. PROJECT REPRESENTATION. PCRC and the City hereby designate the following agents to act as project representatives and receive all notices in the matters dealing with the performance of work, under this agreement. PCRC: Patricia Brown, Executive Director 2 14. DISPUTE RESOLUTION. In the event that differences relating to this contract, or to the relationship between the contracting parties, should arise during the term of this agreement, both parties will pursue resolution using an interest - based, non -adversarial approach and utilizing the services of a neutral third party mediator if direct negotiations are not successful. 15. ADDITIONAL PROVISIONS. Additional provisions, if any, are contained in Exhibit A, attached to this document. In witness thereof, this agreement has been duly executed by the parties named above. PENINSULA CONFLICT RESOLUTION CENTER 520 South El Camino Real, Suite 640 San Mateo, CA 94402 (415)373-3490 Patricia Brown, Executive Director Date CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 Un 3 EXHIBIT "A" I. What PCRC will provide: The following conflict resolution services, at the full membership level, will be provided to the City of Burlingame through this contract: A city which contracts for full membership with PCRC can offer its residents the following services: A. Information and Referral: A resource person is available by telephone, to assist residents who have specific questions relating to a conflict. Through this conversation the resident may clarify issues of concern, be given specific information about common practices related to landlord -tenant and community issues and receive a referral to an appropriate agency/resource. (Up to 5 minute contact) B . Information and Assistance: A resource person assists the concerned caller to de-escalate feelings, clarify issues and underlying needs, develop possible solution options, and begin to design an approach to dispute resolution. (5 minutes or more) C . One Party Assistance: A resource person assists a caller to think through a conflict situation, including clarifying issues and interests of involved parties, exploring approaches to dealing with the situation and solution options and assisting with the selection of an approach to resolution. A follow-up call is arranged to determine the outcome of the situation, with the understanding that mediation would be the next step if negotiation is unsuccessful. (20 min or more) D . Conciliation: Conciliation is the resolution of a conflict through the intervention of a neutral third party, without the disputing parties coming together in a face to face mediation. A resource person works with a resident, clarifying issues of concern, explaining approaches to seeking resolution, and gaining agreement by the party to pursue mediation and case intake. A case development process, involving contacts with both/all involved parties, is initiated and during that process, a resolution of concerns is achieved, to the satisfaction of the involved parties. E. Mediation: Mediation through PCRC involves a face to face meeting between disputing parties who call PCRC directly or are referred by city staff or community agencies. With the assistance of a panel of trained volunteer mediators, parties work through a non -adversarial problem solving process and attempt to develop a mutually acceptable resolution to the issues of concern. There is a two -fold focus: development of a satisfying and durable agreement and the preservation of an effective relationship in situations where the parties will continue to be in contact with each other. This service is provided free of charge to residents of member cities. F. Administration of a Community Mediation Program: In collaboration with the contracting city, PCRC will administer a mediation program responsive to the unique needs of the community. PCRC may utilize a program development advisory committee and solicit input from city staff to develop an understanding of (1) unique areas of concern in the city, (2) potential approaches to program initiation and implementation, (3) long term goals for the program. Professional staff will manage and support the work of volunteers, who provide the direct service to clients in most instances. G. Promotion of Use of Conflict Resolution Services: A member city will participate in PCRC's community outreach program which is designed to familiarize city staff, community service providers and the public with the use of non -adversarial conflict resolution services in a variety of conflict situations. This effort involves both PCRC staff and volunteers in making presentations, developing press releases and media coverage and identifying referral points where community members can receive information about PCRC services. Member cities are also expected to promote the use of conflict resolution services through city staff and in the community. H. Recruitment and training of community volunteers: PCRC will develop and maintain a pool of trained volunteer mediators, case developers and facilitators to serve the conflict resolution needs of the community. As a result, a number of community members will become skillful in the interest -based approach to conflict resolution. PCRC volunteers complete a minimum of 25 hours of training, according to guidelines which govern programs receiving support from the Dispute Resolution Trust Fund established within the County. Ongoing skill development for volunteers: PCRC will offer regular opportunities for volunteers to improve and enhance their conflict resolution skills. There will be evening and weekend opportunities for learning and practicing advanced mediation, case development and facilitation skills, as well as presentation of related information (e.g. landlord tenant law, communication skills, multi -cultural differences which impact conflict resolution .) Volunteers also are invited to regularly scheduled group training sessions, where specific topics related to mediation/conflict resolution are addressed. J. Training for local community members: PCRC will offer local residents a variety of educational opportunities which will enhance understanding of the interest -based approach to conflict resolution. These opportunities include presentations to local community groups about interest -based conflict resolution and introductory conflict resolution skills development. K. Discounted Conflict Resolution Services: If the City, residents or local organizations want to utilize additional conflict resolution services offered by PCRC, they will receive a 20% discount on the fees charged to residents and organizations located in non -contract cities. New Services for the 1998-99 Fiscal Year L. Design and facilitation of Council/Commission/Committee joint meetings: PCRC will work with staff and group members to develop an effective agenda for joint sessions designed to accomplish the goals of the meeting and promote communication between/among group members. Facilitation and recording for the session is included with this service. M. Design and facilitation of Community Forums, Public Conversations Through its Civic Engagement Initiative, PCRC is developing expertise in managing public discussions. Working with local representatives, PCRC will assist with the design and facilitation/recording for a wide variety of group sessions in which members of the public are encouraged to participate in dialogue about issues that affect the health and well-being of the community. N . Facilitation of planning sessions for Committees, Departments, Councils PCRC will assist with the design and facilitation of planning sessions for elected, appointed and civic groups who are coming together to plan for the future. [The first three hours of any of these new processes will be free to cities who hold full membership contracts. After the first three hours, the fees would be discounted at the current discount levels, based on our $100/hom base fee.] 5 Special Conflict Resolution Training and Professional Services, Available for a Fee, through the PCRC: Specific charges will be defined for requests for "specialized services" not included in the city's contract. Estimates of total charges for conflict resolution services in a specific case will be provided by PCRC when the service is being arranged. These charges will be based on the number of hours involved in providing the service. Cities which maintain full membership agreements with PCRC will receive a discount of 20% on the service fee. Special Trainings: PCRC offers orientations to city staff about the mediation program and its services as part of the basic contract. In addition, there are training opportunities for supervisory personnel, public contact employees and department managers which include theory and practice of interest -based conflict resolution, negotiation and mediation skills. Conflict Assessment/Consultation: PCRC can assist cities, as well as local community organizations/groups to assess specific conflict situations, analyze concerns of stakeholders and develop strategies for pro -active and interest based conflict resolution. PCRC utilizes its staff, volunteers, professional mediators and local representatives in this assessment process. The conflict assessment process usually involves third party neutral contact with stakeholders to gather input and provide information about interest -based conflict resolution. Conflict Resolution System Design: PCRC can assist organizations in building internal conflict resolution capacity, I. e. the development of policies and procedures for interest -based dispute prevention and early resolution. This service is tailored to the unique needs of the individual group, but is based on recognized and proven design principles. I1. What the City of Burlingame will provide: A. Funding in the amount of $11,727 for Fiscal Year 1998-99. This fee is full payment for the services defined above. One half of the full fee is due and payable at the time this contract is ratified. The second half of the payment will be made on or before January 15, 1999. B. Support for the program from city officers and staff, demonstrated through public statements, publicity, and referrals through city departments to the mediation program. C. Free use of city -controlled public meeting space, as needed and as available, for training sessions, meetings and mediations. This use will be subject to the existing rules and regulations which govern the use of these spaces. III. Agreement by both parties, in concept: Both PCRC and the City recognize that this is not a one year program. If the Community Mediation Program meets the terms of this agreement to the City's satisfaction, and in the absence of unexpected financial constraints, it is expected that the City will consider funding the Community Mediation Program, on an annual basis, as negotiated between the two parties. A