HomeMy WebLinkAbout1985-105
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RESOLUTION NO,
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND MEDIATION BOARD FOR MOBILE-
3 HOME PARK MEDIATION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Inland Mediation Board for mobilehome park
9 mediation, a copy of which is attached hereto, marked Exhibit "A"
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I and incorporated herein by reference as fully as though set forth
I at length.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
reaular
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the
18th day of
, 1985, by the following vote,
March
16 to wit:
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AYES:
Council Members
Reillv. Marks. 01.1i_e1_
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Frazicr. Stricklcr
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NAYS:
Conncil Member Hernandcz
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ABSENT:
ConDe;.l member Castaneda
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~-.e<~Ab
./ C~ty C
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The foregoing resolution is
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of
, 1985.
March
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Approved as to form:
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A G R E E MEN T
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(Mobilehome Park Mediation)
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THIS AGREEMENT is made and entered into this
day of
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, 1985, by and between the CITY OF SAN BERNARDINO,
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la municipal corporation, referred to as .City", and INLAND
MEDIATION BOARD, referred to as "Inland".
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The parties hereto agree that Inland shall provide mediation
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services on the following terms and conditions.
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1. Mediation Services. Inland shall forthwith provide rent
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I increase mediation services on an as needed basis to
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I resolve disputes or differences or misunderstandings
between
attempt to
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]2 mobilehome park operators and mobilehome park tenants.
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2. petition for Mediation. In the event tenants in any
]4 mobilehome park in the City seek to have mediation services, a
15 petition shall be required, which shall contain the signatures of
16 the park homeowners representing at least fifty percent plus one
17 of the occupied mobilehome spaces in the mobilehome park. The
18 petition shall contain all of the following information:
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A. The name and address of the mobilehome park;
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B. The name and address of the owners of the mobilehome
21 park,
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C. The number of spaces in the mobilehome park;
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D. The number of spaces which were vacant on the date
24 the notice of rent increase was given;
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E. A statement of the problem or problems for which
26 mediation is sought; if rent increases are involved, existing rent
27 schedule and the proposed rent schedule;
F. A statement of the rent schedule in effect as of
1 twelve months prior to the date on which the proposed rent
2 increase would be effective;
3 G. A brief statement of the reasons why petitioners
4 believe the proposed rent increase is not justified;
5 H. The signatures of the petitioners with identification
6 of the mobilehome space occupied by each mobilehome owner signing
7 the same; and
8 I. The names of a homeowners' committee of not more than
9 three persons, designating one person as a chairperson, who shall
10 be selected by a group of not less than fifty percent plus one of
11 the park homeowners.
12 Upon receipt of any such petition by the City or Inland, the
13 petition shall be presented to the Mayor and Common Council, and,
14 upon approval of the Mayor and Common Council, Inland shall
15 perform mediation services for such mobilehome park.
16 3. Mediation Requirements, Procedures & Assurances.
17 A. Inland shall designate one or more trained mediators
18 of the Inland Mediation Board to coordinate and conduct all
19 proceedings necessary to implement the mobilehome park mediation
20 agreement.
21 B. Inland shall assure that mediation is conducted in
22 accordance with the standards of the Federal Mediation and
23 Conciliation Service as well as applicable ordinances of the City
24 of San Bernardino.
25 C. Upon conclusion of the process, Inland shall inform
26 the Mayor and Common Council of the results. In the event that
27 the owners and homeowners cannot mutually agree upon an equitable
28 rent or other resolution of their dispute after the mediation
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1 process has been completed, then the mediator shall prepare a
2 report to the Mayor and Common Council outlining the appropriate
3 issues considered within the mediation process.
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D. Inland shall conduct mediation sessions within the
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[san Bernardino City limits at a location designated by the City.
I 4. Compensation. City agrees to pay to Inland the sum of
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1$50.00 per hour for mediation service, plus mileage and necessary
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reasonable expenses incurred performing such mediation services.
Inland shall bill the City for its services in arrears not more
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frequently than once a month.
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5. Term. This agreement shall remain in effect until
12 terminated in accordance with Section 8 herein.
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6. Hold Harmless. Inland agrees to indemnify and save
14 harmless the City and its employees and agents from all
15 liabilities and charges, expenses (including counsel fees), suits
16 or losses however occurring, or damages arising or growing out of
17 any of the services contemplated by this agreement.
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7. Independent Contractor. Inland and its employees and
19 agents are independent contractors and not employees or agents of
20 the City.
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8. Termination. Should Inland fail to comply with any term,
22 condition or provision of this agreement, City may terminate this
23 agreement by giving ten days written notice to Inland. Upon such
24 termination, City shall be under no further obligation to Inland
25 for compensation, except for services rendered prior to
26 termination. Notwithstanding the foregoing, either party may
27 terminate this agreement for any reason upon thirty days notice to
28 the other party.
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9. Progress Reports. Inland shall submit monthly reports
concerning its performance under this agreement where any
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mediation service continues more than one month. The reports
IShall be in the manner required by the City Administrator.
10. Amendment. This agreement may be amended or modified
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!only by written agreement signed by both parties, and failure on
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Ithe part of either party to enforce any provision of this
lagreement shall not be construed as a waiver of the right to
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compel enforcement of any provision or provisions.
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11. Assignment. This agreement shall not be assigned by
11 Inland without the prior written consent of the City.
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12. Notices. All notices herein required shall be in
13 writing and delivered in person or sent by certified mail, postage
14 prepaid, addressed as follows:
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City Administrator
City Hall
300 North "D" Street
San Bernardino, CA 92418
Inland Mediation Board
9613 Arrow Highway, Suite A
Rancho Cucamonga, CA 91730
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13. Entire Agreement. This agreement represents the entire
19 agreement between the parties hereto, and said agreement can only
20 be amended by a written agreement executed by both parties.
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14. Termination of Prior Agreement. The execution of this
22 agreement acknowledges the termination of the prior agreement and
23 amendments to such prior agreement for mobilehome park mediation
24 and education.
25 IN WITNESS WHEREOF, the parties have executed this agreement
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I I I I I
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1 on the day and year first above written.
2 CITY OF SAN BERNARDINO
ATTEST:
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By
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Mayor
City Clerk
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INLAND MEDIATION BOARD
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By
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Title
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Federal ID No.
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Approved as to form:
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C1ty A tor ey
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