The URL can be used to link to this page

Home My WebLink AboutCA Rental Housing Dispute Mediation ServicesAGREEMENT FOR MEDIATION SERVICES THIS AGREEMENT is made and entered into this I 5 -lay of J c, U , 2019, by and between the City of San Rafael, ("CITY"), and the Marin County District Attorney's Office, ("CONTRACTOR"), WHEREAS, by adoption of Ordinance No. 1971 on June 17, 2019, CITY enacted San Rafael Municipal Code ("SRMC") Chapter 10.100 entitled "Rental Housing Dispute Resolution": and WHEREAS, SRMC Chapter 10.100 et seq. requires that landlords and tenants in rental housing units within CITY'S jurisdiction may request, and if requested must participate in, a mediation process whenever a landlord seeks to increase the tenant's rent by more than five percent (5%) in a 12 -month period, and WHEREAS, SRMC Chapter 10.100 authorizes CITY to appoint a "Designated Service Provider" to act as the mediator in the required mediation process; and WHEREAS, CITY wishes to appoint CONTRACTOR as the Designated Service Provider to provide mediation services for the CITY'S Rental Housing Dispute Resolution Program authorized by SRMC Chapter 10.100 (the "Program"); and WHEREAS, CITY agrees to compensate CONTRACTOR in accordance with the terms of this AGREEMENT. NOW THEREFORE, CITY and CONTRACTOR mutually agree as follows: 1. CONTRACTOR'S Duties. A. CONTRACTOR shall provide mediation services for Program, including in- person mediation sessions conducted by qualified mediators. Mediation sessions shall not exceed four (4) hours per eligible application. B. CONTRACTOR will review Program applications and determine eligibility of applicants for mediation by utilizing the criteria for eligibility set forth in SRMC section 10.100.040. C. CONTRACTOR will notify CITY of all applications for mediation by completing and sending to CITY a form provided by CITY detailing the application for mediation services and summarizing the outcome of the mediation. D. CONTRACTOR shall refer all inquiries regarding the Program to the CITY. E. CONTRACTOR shall schedule and provide all mediation sessions in accordance and consistent with the provisions of SRMC Chapter 10.100. 2. CITY'S Duties. A. CITY shall provide all support documentation and forms required for full implementation of the Program. B. CITY shall have a designated contact person, who is not the CONTRACTOR, to field all inquiries regarding the Program. 3. Compensation. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: $ 50 per application for mediation; plus $450 per complete mediation session. In no event shall the total compensation payable to CONTRACTOR hereunder exceed FORTY THOUSAND DOLLARS ($40,000). Payment will be made monthly upon receipt by CITY of itemized invoices submitted by CONTRACTOR. Checks/Payments shall be made payable to the Marin County District Attorney's Office, Consumer Protection Unit. 4. Term. The term of this Agreement shall be for one (1) year(s) commencing on July 17, 2019 and ending on July 16, 2020. 5. Termination. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 6. Assignment. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 7. Nondiscrimination. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 8. Compliance with All Laws. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequence from any noncompliance of violation of any laws, ordinances, codes or regulations arising from the omissions, willful misconduct, negligence or wrongful acts of CONTRACTOR, and with the exception of any and all damages, liabilities, penalties, fines and all other consequences arising from or pertaining to challenges to SRMC Chapter 10.100, et seq. and any and all guidelines, and/or forms developed by CITY implementing or otherwise interpreting SRMC Chapter 10.100, et seq. 9. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Paul Jensen, Community Development Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: Marin County District Attorney's Office 3501 Civic Center Drive, Room 145 San Rafael, CA 94903 Attn: Consumer Protection Unit 10. Independent Contractor. For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 11. Entire Agreement -- Amendments. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter between the CONTRACTOR and the CITY. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement, D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. Marin County District Attorney's City of San Rafael: Office: L4A . Frugoli, 16istrictAttorney Ji Sc tz, City n er Approved as to form: Tarisha Bal County of Marin, Deputy County Counsel ��- 0 -"J" ,,- Lisa A. Goldfien San Rafael Assistant City Attorney P� RAF,q� F yo /TywITH p'�h CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Andrew Hening Contractor Name: Marin County District Attorney Contractor's Contact: Kristina Warcholski ❑ FPPC: Check if Contractor/Consultant must file Form 700 Extension: 3055 Contact's Email: KWarcholski@marincoLinty.org marincottnty.org StepRESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager ❑ b. Email contract (in Word) and attachments to City Click here to Attorney c/o Laraine.Gittens@citvofsanrafael.org enter a elate. c. Check with City Attorney re Insurance Requirements for extra small or large projects 2 City Attorney a. Review, revise, and comment on draft agreement 7/12/2019 ® LG and return to Project Manager 7/15/2019 ® LG b. Confirm insurance requirements, create Job on (N/A) Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to Click or Lap ❑ _ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 PRINT Project Manager Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed 7%/ to h agreement 8 City Attorney Review and approve insurance in PINS, and bonds /9 Q� (for Public Works Contracts) 7 to A.Mr 9 City Manager/ Mayor Agreement executed by City Council authorized official 7-(6 ✓1 10 City Clerk Attest signatures, retains original agreement and N•Ig forwards copies to Project Manager