REPORT TO THE CITY COUNCIL
DATE: November 4, 2021
FROM: TJ MILLER, Director
Personnel Services Department
BY: DAVID BOLTON, Risk Manager
Personnel Services Department
SUBJECT
Title
Actions relating to an agreement for mediation services and director services for the Workers’ Compensation Alternative Dispute Resolution program
1. Approve Professional Services Agreement with Steven Siemers Dispute Resolution, LLC for an amount not to exceed $50,000 for mediation services and serving as Director for the Workers’ Compensation Alternative Dispute Resolution program with the Fresno Police Officers Association;
2. Affirm the City Manager’s determination that the provider is uniquely qualified;
3. Authorize the Personnel Services Department Director or designee to sign the agreement on behalf of the City.
Body
RECOMMENDATION
It is recommended Council approve the Professional Services Agreement with Siemers Dispute Resolution, LLC to provide professional consulting services relating to the Alternate Dispute Resolution program with the Fresno Police Officers Association in an amount not to exceed $50,000, affirm the City Manager’s determination that the provider is uniquely qualified, and authorize the Personnel Services Director or designee to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY
The Workers’ Compensation Alternative Dispute Resolution Agreement between the City and the Fresno Police Officers Association (FPOA) includes the services of a Director and Mediator. Since inception of the Alternative Dispute Prevention program, Siemers Dispute Resolution, LLC has provided mediation services and served as the Director.
BACKGROUND
In June 2015, the City Council approved the Workers’ Compensation Alternative Dispute Prevention and Resolution Agreement between the City and the Fresno Police Officers Association (FPOA). The program includes the services of a Director/Mediator who provides assistance to the Joint Committee, whose members are appointed by the City and FPOA, in monitoring the work of the Ombudsperson and other ADR professionals on an ongoing basis for compliance with training as well as the requirements set forth in the ADR program.
Siemers Dispute Resolution, LLC has provided mediation services and acted as Director since the inception of the program and the program has seen desired results in expediating medical treatment, reducing litigation rates, and having a faster return to work for injured employees.
It is recommended that City of Fresno enter into an agreement for professional consulting services for the Alternative Dispute Resolution program with Siemers Dispute Resolution, LLC effective 10/1/2021 to 6/30/2022.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference was not implemented because Siemers Dispute Resolution, LLC., is uniquely qualified.
FISCAL IMPACT
This Agreement has no impact to the General Fund. All funding necessary for the services of the proposed Agreement will be paid from the Workers’ Compensation line item in the budget.
Attachment: Steven Siemers Dispute Resolution, LLC Professional Services Agreement
Uniquely Qualified Exemption