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CIO OF SAN BERNARDOo - REQUOT FOR COUNCIL AcQON
From: JOHN MATZER, JR.
Subject: Inland Mediation Board Agreement
Dept: City Administrator
Date: March 8, 1985
Synopsis of Previous Council action:
On December 10, 1984, City Council directed the Mobile Home Park Ad Hoc Committee to
review the agreement between the City and the Inland Mediation Board for education
and mediation services and report back recommendations.
Recommended motion: Adopt resolution authorizing execution of an agreement with Inland
Mediation Board for mobile home park rent increase mediation services.
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I ' Sigl'1ature
Contact person:
John Matzer, Jr.
Phone: 5122
Supporting data attached: yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
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Aaenda Item..-n, Jt
Clf:r OF SAN BERNARDQo - RI!QUQT FOR COUNCIL AeQON
STAFF REPORT
As a result of its review of the agreement between Inland Mediation Board and
the City of San Bernardino, the City Council Mobile Home Park Ad Hoc Committee
recommended that the contract with Inland Mediation Board for education and
mediation services be terminated as of January 31, 1985. The Committee
recommended that a new agreement be prepared between the City and the Inland
Mediation Board to provide for mobile home rent increase mediation services
on an as-needed basis to attempt to resolve disputes or differences or mis-
understandings between mobile home park operators and mobile home park tenants.
It was mutually agreed between the City and the Inland Mediation Board that
the agreement for education and mediation services be terminated as of
January 31, 1985. The Board has been paid for the cost of services incurred
under the terms of the contract for the period from September 1,1984 through
January 31, 1985.
The attached agreement provides for the Inland Mediation Board to provide
rent increase mediation services upon receipt of a petition as provided in
the agreement. The petition requires the signatures of park homeowners rep-
resenting at least 50% plus 1 of the occupied mobile home spaces in the mobile
home park. This is the same procedure which was followed under the terms of
the amendment to the previous agreement between the City and the Inland Mediation
Board. The contract provides that the City will pay the Inland Mediation Board
the sum of $50 per hour for mediation services plus reasonable expenses. Under
the terms of the agreement, either party may terminate the agreement for any
reason upon 30 days notice. The agreement has been reviewed by Mrs. Betty
Davidow of the Inland Mediation Board who concurs with its terms.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND MEDIATION BOARD FOR MOBILE-
HOME PARK MEDIATION,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
Agreement with Inland Mediation Board for mobi1ehome park
mediation, a copy of which is attached hereto, marked Exhibit "An
and incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1985, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
,.
The foregoing resolution is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
A~/'~/~ 0
E' ~if"l/./ /fH'4<
ity ttorney
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A G R E E MEN T
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(Mobilehome'Park Mediation)
THIS AGREEMENT is made and entered into this
day of
, 1985, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, referred to as "City", and INLAND
MEDIATION BOARD, referred to as "Inland".
The parties hereto agree that Inland shall provide mediation
services on the following terms and conditions.
1. Mediation Services. Inland shall forthwith provide rent
increase mediation services on an as needed basis to attempt to
resolve disputes or differences or misunderstandings between
mobilehome park operators and mobilehome park tenants,
2. Petition for Mediation. In the event tenants in any
mobilehome park in the City seek to have mediation services, a
petition shall be required, which shall contain the signatures of
the park homeowners representing at least fifty percent plus one
of the occupied mobilehome spaces in the mobilehome park. The
petition shall contain all of the following information:
A. The name and address of the mobilehome parkl
B. The name and address of the owners of the mobilehome
park;
C. The number of spaces in the mobilehome parkl
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D. The number of spaces which were vacant on the date
the notice of rent increase was givenl
E. A statement of the problem or problems for which
mediation is sought 1 if rent increases are involved, existing rent
schedule and the proposed rent schedule 1
F. A statement of the rent schedule in effect as of
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twelve months prior to the date on which the proposed rent
increase would be effective;
G. A brief statement of the reasons why petitioners
believe the proposed rent increase is not justified;
H. The signatures of the petitioners with identification
of the mobilehome space occupied by each mobilehome owner signing
the same; and
I. The names of a homeowners' committee of not more than
three persons, designating one person as a chairperson, who shall
be selected by a group of not less than fifty percent plus one of
the park homeowners.
Upon receipt of any such petition by the City or Inland, the
petition shall be presented to the Mayor and Common Council, and,
upon approval of the Mayor and Common Council, Inland shall
perform mediation services for such mobilehome park.
3. Mediation Requirements, Procedures & Assurances.
A. Inland shall designate one or more trained mediators
of the Inland Mediation Board to coordinate and conduct all
proceedings necessary to implement the mobilehome park mediation
agreement.
B. Inland shall assure that mediation is conducted in
accordance with the standards of the Federal Mediation and
Conciliation Service as well as applicable ordinances of the City
of San Bernardino.
C. Upon conclusion of the process, Inland shall inform
the Mayor and Common Council of the results. In the event that
the owners and homeowners cannot mutually agree upon an equitable
rent or other resolution of their dispute after the mediation
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process has been co~eted, then td:)mediator shall prepare ae:>
report to the Mayor and Common Council outlining the appropriate
issues considered within the mediation process.
D. Inland shall conduct mediation sessions within the
San Bernardino City limits at a location designated by the City.
4. Compensation. City agrees to pay to Inland the sum of
$50.00 per hour for mediation service, plus mileage and necessary
reasonable expenses incurred performing such mediation services.
Inland shall bill the City for its services in arrears not more
frequently than once a month.
5, Term. This agreement shall remain in effect until
terminated in accordance with Section 8 herein.
6. Hold Harmless. Inland agrees to indemnify and save
harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees), suits
or losses however occurring, or damages arising or growing out of
any of the services contemplated by this agreement.
7. Independent Contractor. Inland and its employees and
agents are independent contractors and not employees or agents of
the City.
8. Termination. Should Inland fail to comply with any term,
condition or provision of this agreement, City may terminate this
agreement by giving ten days written notice to Inland. Upon such
termination, City shall be under no further obligation to Inland
for compensation, except for services rendered prior to
termination. Notwithstanding the foregoing, either party may
terminate this agreement for any reason upon thirty days notice to
the other party.
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I.L.l.J.L1
9.
Progress Re~ts.
Inland ~ll submit monthly report~
concerning its performance under this agreement where any
mediation service continues more than one month. The reports
shall be in the manner required by the City Administrator.
10. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
11. Assignment. This agreement shall not be assigned by
Inland without the prior written consent of the City.
12. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City Administrator
City Hall
300 North wDw Street
San Bernardino, CA 92418
Inland Mediation Board
9613 Arrow Highway, Suite A
Rancho Cucamonga, CA 91730
13. Entire Agreement. This agreement represents the entire
agreement between the parties hereto, and said agreement can only
be amended by a written agreement executed by both parties.
14. Termination of Prior Agreement. The execution of this
agreement acknowledges the termination of the prior agreement and
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amendments to such prior agreement for mobilehome park mediation
and education.
IN WITNESS WHEREOF, the parties have executed this agreement
I I I I I
I I I I I
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on the day and year Qrst above wrQen.
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ATTEST:
CiTY OF SAN BERNARDINO
By
Mayor
City Clerk
INLAND MEDIATION BOARD
By
Title
Federal ID No.
Approved as to form:
~;W?~,
C ty A tor ey
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