CIC-MED Solicitation 11.6.20.doc

Informal Solicitation Sample Document

State of Nevada

Department of Business and Industry Real Estate Division

3300 W Sahara Avenue

Suite 350

Las Vegas, NV 89102

STEVE SISOLAK

Governor Sharath Chandra

Administrator

ATTACHMENT AA

SOLICITATION: CIC-MED-18-001

ALTERNATIVE DISPUTE RESOLUTION

MEDIATOR PANEL

November 06, 2020 Marina Benn State of Nevada

Department of Business and Industry

Real Estate Division

Office of the Ombudsman

For Common-Interest Communities and Condominium Hotels Phone Contact: 702-486-4482 Fax Delivery: 702-486-4520 or Email Delivery: mbenn@red.nv.gov Subject: Mediation Services The State of Nevada, Real Estate Division is seeking qualified vendors for mediator services for the Alternative Dispute Resolution program and statewide on an as needed basis. The State does not guarantee any minimum volume of services. It is the State's intent to enter into contracts with qualified mediators, acting as independent contractors, who have experience in meeting the various needs of agencies. These needs will vary but may include, at a minimum, scope of work:

1. Must be a Certified Mediator (current within recertification requirements).

2. Must have a minimum of two (2) years’ experience with mediating disputes between parties in a professional capacity.

3. Must have training and experience with resolution of disputes concerning Associations, including, and without limitation, the interpretation, application and enforcement of covenants; conditions and restrictions pertaining to residential property and the articles of incorporation; bylaws; rules and regulations of an association.

4. 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.

5. 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.

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

7. Must not have any pending litigation against the State of Nevada within the last five (5) years.

8. Conduct Mediations, and draft legal agreements based upon the outcome of the Mediation, addressing issues regarding:

a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property, and/or any bylaws, rules or regulations adopted by an Association.

b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property in a Home Owner Association (HOA).

9. Agree to notify the Division within three (3) business days after a claim is assigned if a conflict of interest exists with any party.

10. Must be available within the geographic location of the parties to the assigned claim.

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

12. 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.

13. Review all supporting documents provided by the parties, schedule and conduct mediations in a manner that adheres to all statutes and policies mandated by NRS 38.

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

15. 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).

16. 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.

17. Charge a fee 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.

18. If the Mediator receives notice from the Division that any portion of the mediation is subsidized, submit, upon completion of 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.

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

These contracts will be administered by the State of Nevada, Real Estate Division and are anticipated to commence January 1, 2021, upon Board of Examiners’ (or Clerk of the Board) approval for an initial two (2) year period.

At a minimum, the following is required:

· The geographic regions you will provide service, i.e., statewide, rural, northern Nevada, southern Nevada

· A complete and notarized Mediator application

· A copy of your Mediator Certificate

· Nevada bar license number (if applicable)

· A current curriculum vitae or resume outlining education and experience

· Signed Attestations A and B

· A copy of your Certificate of Insurance (must provide the certificate of insurance identifying the coverages as specified in contract)

· A copy of an applicable city or county business license

· Contact person, and telephone number for service inquiries

· Provide a minimum of three references

· Company ownership and length of time in business

· Signed Cost Proposal

· Signed Mediation Policies and Procedures

· Signed and notarized Affidavit of Rejection of Industrial Insurance Coverage (if applicable) Questions regarding this solicitation should be sent to Marina Benn, in writing, no later than November 16, 2020. Questions may be sent by fax to 702-486-4520 or e-mail to mbenn@red.nv.gov.

Please provide your application no later than November 23, 2020, at 5:00 pm, PST. Should you have any questions please do not hesitate to contact me at 702-486-4482.

Sincerely, Marina Benn Marina Benn CIC Supervisor State of Nevada

Department of Business and Industry

Real Estate Division

Office of the Ombudsman

For Common-Interest Communities and Condominium Hotels

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