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HomeMy WebLinkAboutAgreements/Contracts - District CourtK19-160 FILING FEE SURCHARGE DISTRIBUTION AGREEMENT THIS AGREEMENT, between Grant County (COUNTY) and the Columbia Basin Dispute Resolution Center (GRANTEE), is for the sole purpose of distributing funds obtained by the COUNTY as a result of RCW 7.75.035. The COUNTY hereby appoints and GRANTEE hereby accepts, the Grant County Treasurer (Treasurer), as the COUNTY's designee, will distribute funds obtained by the COUNTY through a surcharge on civil filing fees in District Court and on small claims actions, to support the efforts of GRANTEE in operating pp p ting and maintaining an alternate dispute resolution center. The COUNTY and GRANTEE mutually agree that: A. USE OF FUNDS GRANTEE shall use the funds distributed under this Agreement only as described herein, to carry out the purposes of chapter 7.75 RCW. B. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance under this Agreement shall be January 1 2020, to December 31, 2020, unless terminated as provided herein. C. ALLOCATION OF FUNDS 1. The COUNTY shall allocate funds received as a result of RCW 7.75.03 5 to GRANTEE. 2. Funds will be distributed once each month based on the amount of funds received by the Treasurer the previous month. D. STANDARDS FOR FISCAL ACCOUNTABILITY GRANTEE agrees to maintain books, records, documents, reports, accountingp rocedures and practices which accurately reflect all direct and indirect expenditures of revenues received pursuant to this Agreement. Such books and other documents specified above shall be maintained in a manner consistent with generally accepted accountingprinciples(GAAP). GRANTEE sh p p all retain the books, documents and other items specified for a period of six (6) years after expiration or termination of this Agreement. GRANTEE's fiscal management systems shall: I. Provide accurate, current and complete disclosure of the amounts received and expended pursuant to this Agreement, and; 2. Document the specific use of the funds. 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, and others authorized by law. FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 1 of 6 YXivi18\Departments\2020\Commissioners\CBDR Surcharge Agreement E. REQUIRED REPORTS GRANTEE 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. F. SUBCONTRACTING GRANTEE shall not assign any portion of this Agreement without prior written consent of the COUNTY. G. NONDISCRIMINATION IN EMPLOYMENT During the performance of this Agreement, GRANTEE shall comply with all Federal and State laws, rules, and regulations with regard to nondiscrimination in employment. H. NONDISCRIMINATION IN CONSUMER SERVICES GRANTEES shall not, on the grounds of race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: 1. Deny any individual any services provided under this Agreement. 2. Subject an individual to segregation or separate treatment in any matter related to his/her receipt of any services provided under this Agreement. 3. Deny any individual an opportunity to participate in any program provided by this Agreement. This Agreement, in determining (1) type of service to be provided, (2) the class of individuals to whom, or the situation in which, such services will be provided or 3 the class 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 g discrimination because of their race, color, sex, religion, national origin, creed, marital status, age or presence of a sensory, mental or physical handicap. I. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION GRANTEE shall provide the COUNTY or COUNTY authorized personnel, upon reasonable request, such program and fiscal data the COUNTY may reasonably require to evaluate the performance of the Agreement. GRANTEE authorizes the COUNTY to perform on-site program evaluations as needed to assure Agreement compliance. J. INDEMNIFICATION GRANTEE shall indemnify, protect, defend, and hold harmless the COUNTY and its officers, officials, and employees from and against all claims, suits, and actions arising form negligent acts or omissions of GRANTEE or their officers, officials or employees, in the performance of their Agreement. FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 2 of 6 YACivil 8\Departments\2020\Commissioners\CBDR Surcharge Agreement GRANTEE further agree that they are financially liable for any audit exceptions, which occur due to their negligence or failure 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 performance of this Agreement, a policy or policies of insurance covering their operations. GRANTEE shall maintain continuously public liability insurance with limits or liability not less than: Five Hundred Thousand and No/100 Dollars ($500,040.00) each occurrence liability; and A per general aggregate limit of One Million and No/100 Dollars ($1,000,000.00) GRANTEE shall provide sufficient written documentation to the COUNTY of the aforementioned insurance coverage within seventy-two (72) hours of the last�y a affixing its p g signature to the Agreement. GRANTEE shall provide sufficient written documentation to the COUNTY of the aforementioned insurance coverage on an annual basis, by � Janua 15' of each subsequent year the Agreement is in effect. K. TERMINATION 1. 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 limited in any way, after the effective date of this Agreement,rior to normal completion thereof. p p 2. In the event of termination under this clause, the COUNTY shall be liable only forpay ment in accordance with the terms of the Agreement, prior to the effective date of termination. 3. The terms and conditions contained in this Agreement shall remain in full force and effect until and unless specifically terminated or modified b mutual consent of the parties. Y L. ITERMINATION FOR DEFAULT The COUNTY may, by written notice, terminate this Agreement in whole or inp art, for substantial breach by any one of GRANTEE of its duties under this Agreement. M. ORDER OF PRECEDENCE 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: 1. Applicable Federal and State statutes, rules and regulations; 2. The terms and conditions of this Agreement, and; 3. Any other provision of the Agreement whether incorporated by reference or otherwise. FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 3 of 6 YACivil 8\Departments\2020\Commissioners\CBDR Surcharge Agreement N. ALL WRITING CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. O. MODIFICATION. No change or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, executed by both parties. P. TIME IS OF THE ESSENCE Time is of the essence of each and every provision of this Agreement. Q. WAIVER The failure 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 instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. R. NOTICE Any notice required to be given any party to another, shall be deposited in the United States_ mail, postage prepaid, addressed to: COUNTY at: Board of County Commissioners P.O. Box 37 Ephrata WA 98823-0037; GRANTEE at: Columbia Basin Dispute Resolution Center 821 Sharon Avenue, East Moses Lake WA 98837 or at such other addresses as each party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United State mails in the mannerp rescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. S. DISPUTE RESOLUTION Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either a�Yma 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 manner and shall precede any action in a judicial or quasi-judicial tribunal with jurisdiction. FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 4 of 6 YXivil 8\Departments\2020\Commissioners\CBDR Surcharge Agreement T. INDEPENDENT STATUS The parties intend that an independent relationship will be created by this Agreement. No agent, official, officer, employee, servant or representative of GRANTEE shall be deemed to be an officer, official, employee, agent, servant or representative of the COUNTY for any purpose. GRANTEE will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants or representatives. GRANTEE 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 relationship 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 of COUNTY employment. GRANTEE assumes exclusive responsibility for any and all actions, rights and obligations of its agents, officers, or employees. GRANTEE is responsible for all payroll taxes, as otherwise appropriate, including without limitation Federal 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 Security on behalf of GRANTEE, including without limitation, industrial insurance premiums. GRANTEE shall be fully responsible for any such withholding or payments, including without limitation, taxes, social security and industrial insurance premiums. U. LICENSING GRANTEE shall be duly licensed and shall obtain all necessary licenses and permits to operate in accordance with chapter 7.75 RCW and author authority. Costs for all licenses, permits, background and screening costs, etc., are the sole responsibility of GRANTEE. Throughout the term of this Agreement, GRANTEE shall possess and maintain valid licenses and/or certifications as may be y required b local, State and/or Federal law. q V. ASSIGNMENT No party may assign this Agreement. This Agreement shall not be assignable by operation of law. W. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. X. INVALIDITY Any provision 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. FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 5 of 6 YACivi18\Departments\2020\Commissioners\CBDR Surcharge Agreement IN WITNESS WHEROF, the parties have executed this Agreement. Appr ve s to form: Katine W. Mathews, W&RA No. 20805 Civil piny Prosecuting Attorney /ATTEST: Bar ara J. Vasque Clc o e Board D e: 2 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Richard Stevens, Member COLULMBIA BASIN DISPUTE RESOLUTION CENTER Leo Haemmelmann, President Date: 92019 FILING FEE SURCHARGE DISTRIBUTION AGREEMENT 6 of 6 YXivi18\Departments\2020\Commissioners\CBDR Surcharge Agreement IN WITNESS f . the art' s.. � ... no W, .Mat .e s ` . . 2080, civil "u: ' Prosecuting Attpr eY TE . a-rb a J. Vasquez, Clerk cf the Boar. � :t g2019 Rjh ate, Member .0 _ :. . ]RESOLUTION CENT.ER ann preWent si 2019 .URC .I N.G FEt S .. IISTRMUTION. AGREEENT ri 'YAQV iR 8\DeparanentA20 0\Co issionors\CBD . Burch-arge .greeme :i