74BAI-S3162-scope-of-work.docx

74BAI-S3061 Scope of Work/Deliverables

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 Mediators approved for the program pursuant to NRS 38.300-.360 along with their resumes and training background on the Division’s website.

Notify the Mediator in writing when they have been assigned to a claim, and forward to the Mediator the claim form and response filed with the Division.

Notify the parties of the name and contact information for the Mediator selected.

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 and funds are available, subsidize mediation proceedings if the parties are deemed to be qualified 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 summary of the mediation.

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

Awarded contractors will perform the following services:

Conduct mediations and draft legal agreements based on outcome of mediation 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.

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

Agree to notify the Division within (3) days of selection or assignment if a conflict of interest exists with any party.

Not later than 5 days after selection or appointment, Mediator shall make contact with the parties for the purposes of setting a date for the mediation and to notify them that they must provide to the mediator a written statement which sets forth the issues in dispute no later than 5 days before the mediation.

Review all supporting documents provided by the parties and schedule and conduct mediations in a manner that adheres to all statutes and policies mandated by NRS 38 (as amended by AB370).

Conduct mediations that must not exceed 3 hours, unless the parties agree to an extension of such time.

Secure locations for mediations that are accessible and amenable to all parties involved.

Charge a fee of no more than $167.00 per hour, not to exceed $500.00 for 3 hours of mediation. If the parties agree to extend mediation beyond 3 hours, the fee for additional hours must not exceed $200.00 per hour. The cost of the mediation shall be shared equally by both sides, unless a subsidy is provided for one or both sides.

Use their best efforts to complete assigned mediations within 60 days from the date of filing of the claim, as per NRS 38.330(1) (as amended by AB370).

Within 30 days of completion of a mediation (successful or unsuccessful), provide to the Division a summary of the mediation, including whether or not the parties resolved their dispute.

If the Mediator receives notice from the Division that any portion of the mediation is subsidized, submit, upon completion of a mediation, a cost schedule detailing the hourly rate, costs and expenses of the proceedings. The amount of the subsidy shall not exceed $500.00 per mediation or $250.00 per party, whichever is less, or any amount authorized by law. Presently the law does not allow for subsidy of mediations.

Obtain any and all other costs and expenses not covered by the amount subsidized directly from the parties.

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 Mediator will not be available for assignment to a hearing.

DELIVERABLES

Mediation must not exceed 3 hours, unless the parties agree to an extension of such time.

Mediators are responsible for securing locations for mediations that are amenable to all parties involved, which will exclude any space located at the Real Estate Division.

The cost of the mediation is not to exceed $500.00 for 3 hours of mediation.

If the parties agree to extend mediation beyond 3 hours, the fee for additional hours must not exceed $200.00 per hour.

Mediation is to be completed within 60 days of the date of filing the claim. Upon completion of a mediation (successful or unsuccessful), the mediator is to notify the Division as to the completion of the proceedings and indicate in writing that a Certificate of Completion is to be issued to all participating parties.

Should any or all parties in the mediation be deemed eligible for the subsidizing of the proceedings by the Division, the mediator will submit, upon completion of a mediation, a cost schedule detailing the hourly rate, costs and expenses of the proceedings, after which the mediator will receive a subsidy amount of up to $500.00 from the Real Estate Division. Any and all other costs and expenses not covered by the amount subsidized are to be obtained from the parties by the mediator.

Revised 2023-04 Page 2 of 7 74BAI-S3162 SOW