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HomeMy WebLinkAboutAgreements/Contracts - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:BOCC REQUEST SUBMITTED BY:CEMANELL CONTACT PERSON ATTENDING ROUNDTABLE.- CEMANELL CONFIDENTIAL INFORMATION: EYES *NO DATE-8/27/2026 PHONE:x2931 MEN - E IRAgreement I Contract DAP Vouchers DAppointment Reappointment 11ARPA Related []Bids / RFPs / Quotes Award FlBid Opening Scheduled 0 Boards I Committees FIBudget F-1 Computer Related OCounty Code DEmergency Purchase DEmployee Rel. 7 Facilities Related f-1 Financial Ell Funds ElHearing ElInvoices / Purchase Orders �Grants - Fed/State/County 171-eases EIMOA / MCU DMinutes, 00rdinances []Out of State Travel FIP,etty Cash OPolities 71 Proclamations El Request for Purchase � Resolution ,El Recommendation ElProfessional Serv/Consultant FISupport Letter 01,Surplus Req. E]Tax Levies C]Thank You's OTax Title Property 11WSLCB, ;Q EGGt: ORDING FOR AdtNDM Term, cost, etc.17- Filing Fee Surcharge Distdbution Agreement with Colurn' ia Basin Dispute Resolution Center (CBD'RC) for civil filing fees in District Court and on small claims actions. Term of the Agreement is January 1, 2U26 through December 31, 2028. If necessary, was this document reviewed by accounting? 0 YES r-1 NO R N/A If necessary, was this document reviewed by legal? iiO YES 0 NO r-1 N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: KKf D2: D3: WITHDRAWN: 4/23/24 K26-149 FILING FEE SURCHARGE DISTRIBUTION AGREEMENT TMS G"EMIENT, between Grant County (COUNTY) and the Columbia Basin Dispute Resolution Ce ter (GRANTEE), is for the sole purpose of distributing funds obtained by the COUNTY as a result of FCW 7.75.035. The COUNT J-hereby appoints, and GRANTEE hereby accepts, the Grant County Treasurer (Treasurer), as the COUN 's designee will distribute funds obtained by the COUNTY through a surcharge on civil filing fees in istrict Court and on small claims actions to support the efforts of GRANTEE in operating and aintaining an alternate dispute resolution center. The COPUNTY and GRANTEE mutually agree that*, L USE OF FUND& GRANTEE shall use the funds distributed under this Agreement only as described herein, to carry out the PuToses of chapter 7.75 RCW. 2. PERI D OF PERFORMANCE Subject to s other provisions, the period of performance under this Agreement shall be January 1, 2026 to Deg ember 31, 2028, unless otherwise terminated as provided herein. 3. ALLOCATION OF FUNDS a. The COUNTY shall allocate funds received as a result of RCW 7.75.035 to GRANTEE. b. Funds will be ;distributed once each month based on the amount of funds received by the Trersurer of the previous month. 4. STANDARDS FOR FISCAL ACCOUNTABILITY GRANTEE agrees to maintain books, records, documents, reports, accounting procedures and practices A hich accurately reflect all direct and indirect expenditures of revenues received pursuant to this Agmement. Such books and other documents specified above shall be maintained in a manner consistent ;ith generally accepted accounting principles (,'AAP). GRANTEE shall retain the books, documents and other items specified for a period of six (6) years after expiration or termination of this Agree ent. GRAN 's fiscal management systems shall: a. Pro vide accurate, current and complete disclosure of the amounts received and expended pur want to this Agreement; and, b. Document the specific use of the fends. All books, records, documents, reports and other data pertaining to the performance of this Agreement shall be subject at all reasonable times to inspection, review, or audit by COUNTY personnel, pnd others; authorized by law. Page 1 of 6 Filing Fee Surch argre Distribution Agreement Grant County CBDRC 2026-2028 5. REQUWED REPORTS GRANTEg shall provide a written report within ninety (90) days of the end of each calendar year to the Board of County Commissioners on behalf of the COUNTY, describing the specific use of the funds and the benefit to Grant County residents. 6. SURC NTRACTING GRANTER shall not assign any portion of this Agreement without prior written consent of the COUNTY. 7* NONMSCRIMINATION IN EMPLOYMENT During the performance of this Agreement, GRANTEE shall comply with all Federal and State laws, rules and re1gulations with regard to nondiscrimination in employment. i 8. NONDISCRIMINATION IN CONSUMER SERVICES GRANTEE shall not, on the grounds of race, creed, color, national origin, sex, honorably discharged veteran or iiilitary status, sexual orientation, or the presence of any sensory, mental, or physical disability r the use of a trained dog guide or service animal by a person with a disability: a. De*y any individual any services provided under this Agreement. b. Sutject an individual to segregation or separate treatment in any matter related to his/her rec 'P'* t of any ;services provided under this Agreement. c. De y any indi : vidual an opportunity to participate in any program provided by this Ag eerrient.- This Agreement, in determining (1) type of service to be provided, (2) the class o ' di� f 'in * iduals to whom, or the situation 'in which such. services will be provided, or (3) the 1 .1 clasis of individuals to be afforded an opportunity to participate in any services, will not utilize criteria or methods or administration which have the effect of subjecting individuals to dis I rimination because of their race, color, sex, religion, national origin, creed, marital status, ag or presence of a sensory, mental or physical handicap. 9. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION GRANTE4 shall provide the COUNTY or COUNTY authorized personnel, upon reasonable request, such progr(lim and fiscal data the COUNTY may reasonably require to evaluate the performance of the Agree ' ent. GRANTEE authorizes the COUNTY to perform on -site program evaluations as needed to sure Agreement compliance. 10. INDEMNIFICATION GRANTEI'shall inde fy, protect, defend, and hold harmless the COUNTY and its officers, officials, and employees from and against all claims, suits, and actions arising from negligent acts or omissions of GRANTEE or their officers, officials or employees, in the performance of their Aareemenj. Page 2 of 6 I Filing Fee Surch: irge Distribution Agreement Grant County & CBDRC 2026-2028 GRANTS further agrees that they are financially liable for any audit exceptions, which occur due ^ *1 to their negligence or tanure to comply with the terms of this Agreement, chapter 7.75 RCW, or other applicable local: State or Federal laws, rules or regulations. Without limiting this indemnification., it is agreed that GRANTEE shall maintain, at all times during the perforni ante of this Agreement, a policy or policies of insurance covering their operations. GRANTS shall maintain continuous public liability insurance with limits or liability not less than: * Fiv3,, Hundred Thousand and No/100 Dollars ($500,000.00) each occurrence liability; and, a Aprc% general aggregate limit of One Million and No/100 Dollars ($1,000,000.00). GRANTS ]�f' shall provide sufficient written documentation to the COUNTY of the aforementioned insurance C 1 overage withing seventy-two (72) hours of the last party affixing its signature to the Agreem.enta GRANTEE shall provide sufficient written documentation to the COUNTY of the aforementioned insurance coverage on an annual basis, by January 15'hof each subsequent year the Agreemenl[is in effect. 11. TERN#NATION a. The COUNTY reserves the right to terminate this Agreement, in whole or in part, with thirty (30) days written notice in the event expected or actual funding is withdrawn, reduced, or lim" ted in any �way after the effective date of this Agreement, prior to normal completion the eof. b. In tie event of termination under this clause, the COUNTY shall be liable only for payment in aaccordance with the terms of the Agreement, prior to the effective date of termination. c. Th terms and conditions contained in this Agreement shall remain in full force and effect until.and unless specifically terminated or modified by mutual consent of the parties. 12. TERAUNATION FOR DEFAULT The CCU may, by written notice, terminate this Agreementm wholeorinpar, forsubstantial breach by any one of GRANTEE of its duties under this Agreement. 13* ORDER OF PRECEDENCE I I In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable Federal and State statutes, rules and regulations, b. The terms and conditions of this Agreement; and, c. An, r other provision of the Agreement whether incorporated by reference or otherwise. 14. ALL VfRITING CONTAINED HEREIN This Agree understand exist or to I aent contains all the terms and conditions agreed upon by the parties. No other gig, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to ind any of the parties hereto. Page 3 of 6 Filing Fee Surch, irge Distribution Agreement Grant County & CBDRC 2026-2028 15* MODI ICATION No change or- additions to this Agreement shall be valid or binding upon either party unless such change or Odition bein writing, executed by both parties. 16. TIME aS OF THE ESSENCE Time is of the ess ence of each and every provision of this Agreement 17. WAIVER The failure l of the COUNTY to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the COUNTY may have regarding that specific in tance onlyand shall not be deemed a waiver of any subsequent breach or default in any terms and . onditions. 18. NOTI 0 Any notice required to be given any party to another shall be deposited in the United States mail, postage pr0paid, addressed to: couN ry at: Board of County Commissioners P.O. Box 37 Ephrata, WA 98823-0037 GRAM rEE at: Columbia Basin Dispute Resolution Center 256 Basin St. NW Ephrata-, WA 98823 or at such other addresses as each party may designate to the other in writing from time to time. All notices to t le given with respect to this Agreement shall be in writing. Every notice shall be deemed to have be given at the time it shall be deposited in the United State mails in the manner prescribed erein. Nothing contained herein shall be construed to preclude personal service of any notice in t e manner prescribed for personal service of a summons or other legal process. 19. DISPUTE RESOLUTION Except as therwise provided in this Agreement, when a bona flde dispute arises between the parties and it cann A be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the COUNTY, a representative appointed by GRANTEE, and a third party mutually agreed upon by both parties. The resolution team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall function in a timely marner and shall precede any action in a judicial or quasi-judicial tribunal with jurisdiction, Page 4 of 6 Filing Fee Surchi, trge Distribukion Agreement Grant County & CBDRC 2026-2028 20, INDEI ENDENT STATUS The parties l intend that an independent relationship will be created by this Agreement. No agent, official, ofl 1cer, employee, servant or representative of GRANTEE shall be deemed to be an officer, official, en ployee, agent, servant or representative of the COUNTY for any purpose. GRANTEE will be sol entirely responsible for its acts and for the acts of its agents, employees, or re-Drese servants Ty atives. GI T is now and has always been independent from the COUNTY. Nothing contained in this Agreement, or related documents shall be construed as creating any form of employment or other relationsh between the COUNTY and GRANTEE, or the agents, officers, or employees of GRANTEE.. The agents, officers, or employees of GRANTEE shall not be entitled to any rights or privileges I f COUNTY employment. GRANTEE assumes exclusive responsibility to any and all actions, rig.ts and obligations of its agents, officers, or employees. GRANTEE is responsible for all payroll taxes, as otherwise appropriate, including without limitation, ederal Social Security taxes, Federal and State unemployment taxes and State workmen's compensation, insurance premiums,, license fees, fingerprinting costs, outfitting expenses, and any other expenses of GRANTEE related to the execution of this Agreement, The COUNTY has not and shall not be responsible for withholding or payment of any taxes or Social Sec city on behalf of GRANTEE, including, without limitation, industrial insurance premiums. GRANTEE shall be fully responsible for any such withholding or payments, including, without linjitation, taxes, social secunky and industrial insurance prenuums. 21. LICENSING GRANTEE, shall be duly licensed and shall obtain all necessary. licenses and permits to operate in accordancc with Chapter 7.75 RCW and authority. Costs for all licenses, permits, background and screening costs, etc., are the sole responsibility of GRANTEE. Througho-ut the tenn of this Agreement, GRANTEE shall possess and maintain valid licenses and/or certifications as maybe required by local, State and/or Federal law. 22v ASSI No party 1r1ay assign this Agreement. This Agreement shall not be assignable by operation of law. 23. APPLICABLE LAW This Agre ent shall be governed by and construed in accordance with the laws of the State of Washinator. Page 5 of 6 Filing Fee Surch#rge Distribution Agreement Grant County & CBDRC 2026-2028 4 24. LWALIDITY Any provi'*on of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain in full force and effect despite such invalidity or illegality. IN WITNESS WHEREOF, the following parties have executed this Agreement. COL[ MBIA BASIN DISPUTE RESOLUTION CENTER t Ara Gilbert, Exec ve Director 4. Dates` _...-7 �' 7�024: i APPROVED and EXECUTED this dayof � 02 f, {€E E BOARD OF COUNTY ``������s�l'f�°1l��,,,ii COMMISSIONER M���� �4 UNT , S �`� ��••••""'""•••••.rc �,,., Yea Na Abstain Grant County, Washington Y g Cn cn I (� • ... ...� W• s o— .9 Kevin R. Burges , Chair o \34. 0 0 esr" ice -Chair ATTEST: o a Cindy Carte Member VZ/ 10 Caitlin E. Wnell JClerk of the Boar Trevor Bevier, Civil Deputy l rm.' rosecuting Attorney Page 6 of 6