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HomeMy WebLinkAbout1983-296 I RESOLUTION NO. 33--296 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH INLAND MEDIATION BOARD TO PROVIDE 3 FOR A MOBILE HOME PARK MEDIATION AND EDUCATION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 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 to provide for a mobile home 9 park mediation and education program, a copy of which is attached 10 hereto, marked Exhibit "A" and incorporated herein by reference as 11 fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 adopted by the Mayor and Common Council of the City of San 14 Bernardino at a regular meeting thereof , held - 15 on the 6th day of September , 1983 , by the following 16 vote , to wit: 17 AYES: Council Members Reilly, Marks, nuiel , 18 Strickler 19 NAYS: Councilman Hernandez 20 ABSENT: Councilman Castaneda 21 �7 22 City Clerk 23 The foregoing resolution is hereby approved ff day 24 of September , 1983 . 25 Mayor o the City of `an Bernardino Approved as to form: 26 C 27 28 City At c)rney �i I 1 A G R E E M E N T 2 (mobile home park mediation and education) 3 THIS AGREEMENT is made and entered into this dal,- of 4 :� ���rc , 1983 , by and between the CITY OF SAN BERNARDINO, a 5 municipal corporation, referred to as "City" , and INLAND MEDIATION 6 BOARD, referred to as "Inland" . 7 The parties hereto agree : 8 1. The education of mobile home park owners and operators 9 and mobile home park tenants regarding state and local laws as 10 they apply to mobile home parks is a vital phase in the resolving 11 of misunderstandings and assumptions on the part of both landlord 12 and tenant in the rental business within mobile home parks , and it 13 is advantageous to the City that Inland undertake a program to 14 provide mediation services including educational services for the 15 thirty-five mobile home parks located within the City of San 16 Bernardino. 17 2. Inland has submitted a projected budget for September 1 , 18 1983 through August 31, 1984 for the mediation service including 19 education service , a copy of which is annexed hereto as Exhibit 20 "I" and is incorporated herein by reference . This proposed budget 21 is adopted as a guideline for the term of this agreement . 22 3 . Inland agrees that it will conduct workshops and seminars 23 for mobile home coach owners in each of the thirty-five parks in 24 the City to impart information pertinent to the particular 25 conditions facing the park tenants in each of the individual 26 parks , and to provide for the education of the coach owners 27 regarding state and local laws relating to mobile home parks . 28 Inland agrees to provide pertinent and timely information and I resource and referral materials to each resident of the parks at 2 such seminars , and each resident shall be encouraged continually 3 to call on Inland as a source of factual information and referrals 4 whenever any such resident may have a question about the operation 5 of the mobile home park and the tenant' s relationship with the 6 management of the park. 7 3. In addition, Inland shall provide a mediation service to 8 attempt to resolve disputes or differences or misunderstandings 9 between mobile home park operators and mobile home park tenants . 10 Included among the services to be provided shall be attempts to 11 resolve conflicts by means of telephone conversations , when 12 practical , with Inland to provide a phone line bearing a San 13 Bernardino number to enable all mobile home park tenants and 14 operators to contact Inland without being subject to toll charges . 15 Inland further agrees that it will obtain a telephone listing for 16 its San Bernardino number and will handle the inquiries and 17 requests for information and education that will be encouraged by 18 the education program. To the extent reasonable and necessary, 19 Inland agrees that it will provide on-site mediation, with the 20 mediator to travel to San Bernardino to meet with the owner and 21 resident in a neutral place for the purpose of resolving any 22 problems which have arisen and for the purpose of helping the 23 mobile home park operators and the mobile home park tenants to 24 reach an agreement which will be acceptable to all such interests . 25 4 . Inland shall provide two seminars during each year of 26 this agreement dealing with techniques in communication , 27 listening , human relations and problem solving , which seminars 28 shall provide review training for persons who have previously had -2- I such training , and original studies for those who have not 2 previously had experience in the field . Included in the seminar 3 will be discussions and information concerning mobile home parks , 4 and business procedures . 5 5. Compensation. City agrees to pay, and Inland agrees to 6 accept as full and complete compensation for all services rendered 7 in accordance with this agreement, the sum of TWENTY THOUSAND 8 DOLLARS ( $20,000. 00 ) , payable quarterly, in advance , commencing in 9 September, 1983 , for the first year of this agreement; a similar 10 sum shall be due for each subsequent year unless the parties 11 otherwise agree in writing . 12 6. Term. This agreement shall be for a period of three 13 years, commencing September 15, 1983 and terminating September 14 , 14 1986 , subject to annual review. 15 7 . Hold Harmless . Inland agrees to indemnify and save 16 harmless City and its employees and agents from all liabilities 17 and charges, expenses ( including counsel fees ) , suits or losses 18 however occurring, or damages arising or growing out of any of the 19 services contemplated by this agreement . Inland and its employees 20 and agents are independent contractors and not employees or agents 21 of City. 22 8. Termination. Should Inland fail to comply with any term, 23 condition or provision of this agreement , City may terminate this 24 agreement by giving ten days written notice to Inland . Upon such 25 termination, City shall be under no further obligation to Inland 26 for compensation, and any compensation previously paid to Inland 27 for services not performed shall be returned to City forthwith. 28 Notwithstanding the foregoing , either party may terminate this -3- I agreement for any reason at the time of annual review of this 2 agreement during the period August 1 to September 1; if so 3 terminated by notice in writing, the termination shall be 4 effective September 14 of that year . If not so terminated or 5 amended, this agreement shall continue in force until September 6 14 , 1986 . 7 9 . Progress Reports. Inland shall submit monthly reports 8 concerning its performance under this agreement to, and in the 9 manner required by, the City Administrator . 10 10 . Amendment. This agreement may be amended or modified 11 only by written agreement signed by both parties and failure on 12 the part of either party to enforce any provision of this 13 agreement shall not be construed as a waiver of the right to 14 compel enforcement of any provision or provisions. 15 11 . Assignment. This agreement shall not be assigned by 16 Inland without the prior written consent of City. 17 12. Notices. All notices herein required shall be in 18 writing and delivered in person or sent by certified mail , postage 19 prepaid, addressed as follows : 20 City Administrator Inland Mediation Board City Hall 9375 Archibald Ave . , Suite 205 21 300 North "D" Street Rancho Cucamonga, CA 91730 San Bernardino , CA 92418 22 23 13. Entire Agreement. This agreement represents the entire 24 agreement between the parties hereto , and said agreement can only 25 be amended by a written agreement executed by both parties. 26 27 ' 28 ' -4- I IN WITNESS WHEREOF, the parties have executed this agreement 2 on the day and year first above written. 3 CITY OF SAN BERN RD O ATTEST: 4 5 AMV�A a o r City Clerk 6 INLAND MEDIATION BOARD 7 B 9 Title Approved as to form: 10 \ 11 City At orney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-