74BAI-S3055 REFEREE-ARBITRATOR Application Packet~1.docx

Referee/Arbitrator Application Packet Referee/Arbitrator APPLICATION RESPONSE

Referee/Arbitrator CONTRACTS-INFORMATION REQUIRED FROM REFEREE/ARBITRATOR

This document is to be used as a checklist for a complete submission.

Vendors are expected to return this entire packet

CRITICAL ITEMS

Referees/Arbitrators must submit and complete forms using the Legal Name as registered with the Secretary of State’s office.

Referees/Arbitrators must have completed registration with the Controller’s Office prior to submission.

VENDOR INFORMATION RESPONSE – LEGAL NAME

Contracts are issued one (1) per legal entity not by location of business or practice.

Referees/Arbitrators are required to complete the Vendor Information Response section of this application packet.

CERTIFICATION REGARDING LOBBYING

Referees/Arbitrators are required to complete the Vendor Information Response section of this application packet.

REFEREE/ARBITRATION RATES

Referees/Arbitrators are required to complete the rates documents without exceeding the rates on that page.

SCOPE OF WORK:

The State of Nevada shall:

Receive written Alternative Dispute Resolution claims through the Office of the Ombudsman for Common-Interest Communities and Condominium Hotels.

Provide specific instructions on the Alternative Dispute Resolution process through a written overview, as well as via response to any inquiries about the program.

Receive and process the filing fees for the Alternative Dispute Resolution process.

Create and maintain a list of Referee/Arbitrator contractors (individually, “Contractor”) approved for the program pursuant to NRS 38.300-.360, along with their curriculum vitae or resumes and training background, on the Division’s website.

Notify the assigned Referee/Arbitrator in writing when they have been assigned to a claim “(Referee/Arbitrator Assignment”), and forward to the Referee/Arbitrator the claim form and response filed with the Division.

Notify the parties of the name and contact information for the Referee/Arbitrator assigned.

Create and maintain stocks of brochures, form letters, and any other descriptive paperwork related to the Alternative Dispute Resolution program that can be distributed to constituents upon request.

If authorized by law, subsidize the Referee Assignment pursuant to regulation or policy adopted by the Division. Subsidy payments are to be forwarded to the Contractor no later than (60) days after receipt of the Contractor’s submitted billing statement and Referee decision.

Maintain accurate records of all subsidy amounts dispensed by the Division.

Awarded contractors will perform the following services/ABIDE BY THE FOLLOWING TERMS:

Conduct referee/arbitration hearings and draft written decisions based on the outcome of the hearing, addressing issues regarding:

The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property, or any bylaws, rules or regulations adopted by an association.

The procedures used for increasing, decreasing or imposing additional assessments upon residential property in a homeowner association.

Be available within the geographic location of the parties to the assigned claim.

Possess an active Nevada State Bar License and maintain “good standing” status with the State Bar of Nevada throughout the contract term.

Possess at least two (2) years of substantive and direct experience adjudicating alternative dispute resolution matters.

Agree to update the Referee’s/Arbitrator’s curriculum vitae or resume when necessary for posting on the Division’s website.

Agree to notify the Division within (3) days of receipt of the Referee/Arbitration Assignment if a conflict of interest exists with any party.

Not later than 5 days after receiving the Referee/Arbitrator Assignment, send initial written communications to the parties with an informational statement of the procedures and applicable law relating to the Referee/Arbitration Hearing. The arbitration decision will be nonbinding, unless the parties mutually agree to binding arbitration, and to initiate scheduling the referee/arbitration hearing or discussion regarding whether the parties want to submit the claim without a hearing.

Not later than 5 days after receiving the Referee/Arbitrator Assignment, send initial written communications to the parties for the purposes of scheduling the referee/arbitration hearing or discussion regarding whether the parties want to submit the claim without a hearing.

Accompanied by a separate form acknowledging that the party has received and read the informational statement, which must be returned to the referee/arbitrator by the party not less than 10 days after receipt of the informational statement.

Notify the parties that they must provide the Referee/Arbitrator with a written position statement which sets forth the issues in dispute and proposed resolution, as well as any additional documents relevant to the Referee/Arbitration Assignment, no later than 5 days before the Referee/Arbitration Hearing, or, if hearing is waived, by a date set by the Referee/Arbitrator.

Review all supporting documents provided by the parties and conduct the Referee/Arbitration Hearing in a manner that adheres to all statutes and policies mandated by NRS 38.

Secure locations for the Referee/Arbitration Hearing that is accessible and amenable to all parties involved, or if all parties agree to the hearing being conducted electronically, on a mutually agreeable electronic platform.

For an Arbitration Hearing agree to charge the parties an hourly fee not to exceed $300.00 per hour ($150.00 per party). Referees/Arbitrators are permitted to require a deposit from the parties prior to beginning work on the Referee/Arbitration Assignment. The Division does not provide subsidies to parties for Arbitration Assignments.

Agree that the Referee Assignment, including a hearing of up to 5 hours, will be subsidized by the Division, if funds are available; Referees may charge an hourly fee not to exceed $200.00 per hour, and not to exceed $1,000.00 per Referee Assignment, unless the parties mutually agree to the extension of time and to jointly bear responsibility for any additional hourly fee for the Referee, not to exceed $200.00 per hour.

Obtain directly from the parties all other costs and expenses that are not covered by the amount subsidized If the Scheduled Referee does not proceed for any reason, including, but not limited to, voluntary withdrawal or non-cooperation by either party, submit, within 30 days after the completion of the Scheduled Referee, an invoice form #631 detailing the hourly rate, costs, and expenses incurred by the Referee. The subsidy shall not exceed $500.00 per Referee Assignment ($250.00 per party), whichever is less.

Provide, within 30 days of completion of the Referee Assignment, the Division a completed invoice form #631 detailing the hourly rate, costs, and expenses incurred, for payment processing.

Use their best efforts to complete the Referee/Arbitrator Assignment within 60 days from the date of filing of the claim, as per NRS 38.330(1).

Unless the parties mutually agree to waive hearing, the Referee/Arbitrator shall conduct the Referee/Arbitration Hearing as mutually agreed upon by the parties.

Issue, within 30 days from the conclusion of the Arbitration Hearing or from the deadline for document submission if the parties waive hearing, a written decision and award to all parties and the Division.

Issue, within 30 days from completion of the Referee Hearing or from the deadline for document submission if the parties waive hearing, a written decision and award to all parties and the Division. Monetary awards may not exceed $7,500, and attorney’s fees may not be awarded from Referee proceedings.

During the term of the contract, and within each fiscal year of July 1 through June 30, be available to attend up to (4) hours of instruction if requested by the Division without compensation from the State.

Notify the Division in writing of any scheduled or non-scheduled absences, vacations, or time periods the Referee/Arbitrator will not be available for assignment to a hearing.

The State does not guarantee any minimum volume of services. The State intends to enter into contracts with qualified Referees/Arbitrators who have experience suitable for meeting the various needs of the agency.

DELIVERABLES

Within 30 days from the conclusion of the Referee/Arbitration Hearing, or, from the date all documents have been submitted if the parties waive hearing, the Referee/Arbitrator shall issue a written decision and award to all parties and the Division.

The Referee/Arbitrator Assignment is to be completed within 60 days of the date of filing the claim as per NRS 38.330(1).

Within 30 days from completion of the Referee Assignment, the Referee shall provide the Division with an invoice form #631 detailing the hourly rate, costs, and expenses incurred, for payment processing.

Within 60 days of receipt of the submitted invoice form #631, the Division shall provide the Referee with a subsidy amount of up to $1,000.00.