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06-109, Project Sentinel )!. . AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. ()dtJS-S-4 71- BY THIS AGREEMENT, made and entered into this 14th day of December, 2006. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Proiect Sentinel (2) Address: 1055 Sunnvvale-Saratoqa Rd. Suite 3 City: Sunnvvale Zip: 94087 Phone: (408) 720-9888 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Single-Family Residential Mediation EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Pilot Mediation Program, Memorandum of Understanding TERMS: The services and/or materials furnished under this Agreement shall commence on December 18th. 2006 and shall be completed as needed COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall not exceed $3,000.00. Payment is based on actual hours spent on carrying out ~ect GENERAL TERMS AND CONDITIONS u ENTERBD Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Ciddy Wordell DEPARTMENT Planninq Department This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CITY OF CUPERTINO: By: Ciddy Wordell Title: City Planner $4,000.00 <~.. -/ .... " , Project Sentinel Mediation Programs 1055 Sunnyvale-Saratoga Road, Suite # 3 Sunnyvale, CA 94087 Tel: (408) nO-9888x 16 Fax: (408) 120-0810 E-Mail: Mediate4US@projsen.org PILOT MEDIATION PROGRAM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, between the City of Cupertino Planning Department, hereafter "city" and Project Sentinel, Inc., hereafter "agency", is intended to outline the terms of an agreement to provide mediation services for the city's Planning Department. These mediation services will be available to address disputes or concerns that arise from issues related to the planning approval process in the city. In all cases, Mediation under this process will be an option available to the parties in addition to any other rights or remedies available to them. The existence of this mediation program is not intended to enlarge or diminish any other such rights or remedies that may be available. 1. In a dispute deemed appropriate for mediation by the planning department, the designated departmental representative may initiate a mediation case by requesting mediation services from the agency. A written request may be filed at any stage of a currently active dispute. 1.1. The request will include the contact information for the relevant parties to a dispute, and a short summary of the facts, including the current stage of the dispute within the city's process. 1.2. The completed request will be transmitted to the agency's Sunnyvale office via mail, email or fax. 1.3. The parties will be notified by city staff that the request for mediation has been made and city staff will encourage the parties to participate. 2. Upon receipt of a completed request for mediation, the agency will: 2.1. Communicate with all relevant parties to explain the nature of the program, and to determine if they agree to participate in mediation. The agency will provide suitable informational materials on mediation to the parties. 2.2. A request from the city will constitute a "case" and the agency will open a case file for each such case. 3. All communications between agency staff, city staff and parties to any case will be maintained by the agency as confidential, as will all case records and contents, except for general performance reports and summaries that do not identify any parties or specifics of disputes, and except for a report to the city stating the general outcome of each case referred to the agency. 4. If all relevant parties agree to participate in mediation, the agency will schedule a mediation session for a time, date and neutral location convenient to all parties. 4.1. As part of the scheduling process for a mediation, the agency will ensure the parties attending include those persons who have authority to resolve the dispute being mediated. 4.2. All parties participating in the mediation session will be required to sign a confidentiality acknowledgment at the beginning of the session, ensuring the confidentiality of the proceedings within the scope of applicable California law. The acknowledgment will contain a further promise to apply the same confidentiality rules in any administrative proceeding or appeal with the city's planning approval or appeal process. 5. A mediation session will be conducted by an experienced professional mediator or co-mediators from Project Sentinel. 5.1. All mediators performing in this program will maintain a neutral role and will protect the principles of confidentiality. They will facilitate discussions between the parties to allow the parties to consider their options to resolve their dispute, but will not act as advocates or impose the specific terms of settlement. They will not pressure any party to settle, leaving that decision to the free choice of the parties. 5.2. If the parties voluntarily reach agreement, they will be given the option to utilize a verbal or written agreement, and if written, the option of whether the agreement will remain confidential or will be disclosed to specific additional parties, city staff or forums. The parties will have the further option to decide whether to make the agreement enforceable in court or in an administrative process. The agreement will also specify the extent to which it waives or resolves any other remedies available such as administrative appeals or litigation. 5.3. The Project Sentinel case manager will provide follow-up to the mediation session including securing evaluations from the parties and determining compliance if an agreement results from the mediation. Mediation MOD Page 2 6. If any party to a case declines to participate in mediation, the agency will notify all other parties to the case of that decision, but the details or explanation for the denial will not be disclosed. 6.1. A party who has initially declined mediation may reconsider the denial and agree to participate in mediation at any later stage of an active dispute. In the event said party does reconsider, the other parties to the case will be given the option of deciding whether they are willing to participate at that later point in time, provided that the city still believes that the case is appropriate for mediation. 7. In performing all mediation and administrative activities pursuant to this program, the agency will maintain a strictly neutral role and will not function as an advocate or advisor for any party, other than to explain the advantages of mediation. 8. The agency will maintain written case files for each case opened, at the Sunnyvale Office. The agency's Director of Dispute Resolution Programs will be the chief manager for this program. A final closing report will be provided to the city for every case opened for the city, indicating the case outcome, but containing only such information as is consistent with the principles of confidentiality. 9. The agency will be compensated on the following basis: 9.1. For each mediation case opened, the agency will be reimbursed on a flat fee basis in the amount of $300 to compensate the agency for its case development activities. 9.2. For each such case that proceeds to an actual mediation session or sessions, the agency will be reimbursed for an additional flat fee of $300 per session. 9.3. The agency will provide a written billing for each case for which reimbursement is sought. 10. The agency will execute and complete any contractor documents required by the district's policies or procedures and will comply with all applicable insurance and performance requirements. II. The initial term of this MOU will be as of the date of execution by both parties. 12. The parties understand that is MOU describes a pilot program and that if the program proves successful, the pm1ies will consider preparing a long term mediation MOU. Mediation MOD Page 3 13. This Memorandum of Understanding may be telminated by either party with written ninety (90) day notice. Dated: On Behalf of the City of Cupertino Dated: On Behalf of Project Sentinel, Inc. Mediation MOD Page 4 Project Sentinel Mediation Programs 1055 Sunnyvale-Saratoga Road, Suite # 3 Sunnyvale, CA 94087 Tel: (408) 120-9888 Fax: (408) 120-081 0 E-Mail: Mediate4US@projsen.org PARTICIPATING IN MEDIATION Mediation allows disputing parties to openly discuss their issues and resolve them in a safe environment facilitated by neutral mediators. Participation in mediation implies a willingness to communicate openly and honestly with all parties. The mediators' role is to open communication and develop trust between the parties, who can then create options and alternatives and eventually reach a mutually acceptable resolution to their dispute. 1. Participation in mediation is voluntary for all parties and is free of charge to the parties. 2. The mediation session takes place in a neutral location, in a private setting free from intrusion. The length of a mediation depends on the complexity of the problem, the number of issues under consideration, and the personalities of the people involved. On average, our mediations last about 2 hours, but in case you may need more time to obtain a satisfactory agreement, we ask you to reserve additional time. Our program has the flexibility to schedule additional follow up sessions, if deemed appropriate by the parties and the mediator. 3. Participants in mediation must feel free to discuss their issues openly. To promote that kind of communication and to encourage settlement, all pm1icipants must sign a Confidentiality Acknowledgement in which they agree that all statements made during the course of mediation will be kept confidential and will not be used outside the mediation session for any purpose, including any administrative or legal proceeding. A copy of the Confidentiality Acknowledgement is being provided to you prior to mediation session. Please review it carefully prior to the session. 4. The mediators playa neutral role in the mediation process. This means that they do not know the individual participants prior to the mediation. They will not make any judgments about who is right and who is wrong, or who might win in another forum like a hearing or court. They are trained to separate any personal feelings from their conduct of the mediation session. 5. Mediators offer no advice or information to any party about their legal rights in the dispute. The mediator may terminate or postpone the mediation session if it appears that knowledge of such rights is key to a party's willingness or ability to reach a particular resolution to the dispute. 6. During the mediation, the parties will have the opportunity to express their concerns, viewpoints and desires with each other. The discussions are facilitated by the mediator using techniques that encourage the parties to look at productive solutions. At the beginning of each mediation session, the parties agree on basic "ground rules" for conduct during the session to ensure a comfortable atmosphere - for example, no smoking, interruptions, or offensive language. The mediators may terminate a session if these ground rules are repeatedly ignored. 7. It is critical to a successful mediation that the informal and non-adversarial nature of the mediation process is honored and that parties feel that they are in control of resolving their differences. Since the mediator will not be rendering any judgments, it is not necessary to bring witnesses or detailed evidence to the session. However, you are free to bring crucial documents, photographs or other evidence that might help the other party to recognize the validity of your position. Evidence or documents that existed prior to the mediation session are not subject to the confidentiality preclusion. It is not necessary to have legal representation present. The decision to involve legal representation is totally up to the parties. Our process will work, regardless of whether there is representation. If you desire to have representation or bring any additional people to the mediation, be sure to discuss this in advance with the case manager or mediator who contacts you to arrange the mediation. All persons in attendance will be required to sign the Confidentiality Acknowledgement. 7. At the beginning of each mediation session, the parties agree on basic "ground rules" for conduct during the session -- for example, no smoking, interruptions, or offensive language. The mediators may terminate a session if these ground rules are repeatedly ignored. 8. Please do not bring small children to the mediation. If you will need translation help, make sure to tell us in advance so that we can arrange it. 9 It is assumed that all parties will honor their commitments because the agreements are mutually satisfactory resolutions to their issues. Agreements reached during mediation may be written, if the parties consent, and we encourage them to do so. Because of the confidential nature of the mediation process, an agreement written in mediation can be enforced in a court or an administrative hearing, or disclosed to persons outside the mediation, only if the parties agree in writing that it will be so. Agreements reached in the mediation process are intentionally phrased in simple, everyday language. They are not intended to be comprehensive legal contracts. If a more detailed legal document proves necessary, the mediation agreement will provide a follow up step to secure such a document. Page 2 of2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP 10 1.n1 DATE (MM/DDIYYYY) PROJE 1 09/06/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Nonprofit Services Ins. Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dennis Costa HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2843 Hopyard Rd. #169 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton CA 94588 Phone: 877-669-5101 Fax:877-669-5109 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: NIAC INSURER B: National Liabili ty and Fire Project Sentinel INSURER C: pe8~ Caballero 43 herman Ave. 6 #308 INSURER 0: Palo Alto CA 943 6 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR[ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE (MMIDDIYY) DATE (MM/DDIYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f-- IuAl\7IAGETOl'<cN I cLJ A X COMMERCIAL GENERAL LIABILITY 2006-00610-NPO 08/13/06 08/13/07 PREMISES (Ea occurence) $100,000 f---- _J CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000 I-- PERSONAL & ADV INJURY $ 1,000,000 X Volunteers As Ins GENERAL AGGREGATE $2,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 n POLICY n ~~8T il LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ANY AUTO 2006-00610-NPO 08/13/06 08/13/07 (Ea accident) -- ALL OWNED AUTOS BODIL Y INJURY ~ $ I SCHEDULED AUTOS (Per person) I-- X HIRED AUTOS BODILY INJURY f~ $ ~ NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ =:=J OCCUR D CLAIMS MADE AGGREGATE $ $ l DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND .\ WC STATU- I IU1H- X TORY LIMITS ER EMPLOYERS' LIABILITY .- B ANY PROPRIETORIPARTNER/EXE.CUTIVE 0100013651-061 09/01/06 09/01/07 !--EL. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1000000 SPECIAL PROVISIONS below OTHER A Professional Liab. 2006-00610-NPO 08/13/06 08/13/07 Prof Liab 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * 10 days notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Cupertino Vera Gil 10330 Torre Ave. Cupertino CA 95014 CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPtRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY REPRESENTATIVES. AUTHORIZED REPRESENTATIVE @ ACORD CORPORATION 1988 ACORD 25 (2001/08)