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HomeMy WebLinkAboutContract Dispute Resolution CenterContracts For Services Dispute Resolution Center of Yakima & Kittitas Counties This agreement is entered into between KITTIT AS COUNTY (COUNTY), a political subdivision of the State of Washington, and DISPUTE RESOLUTION CENTER OF YAKIMA AND KITTITAS COUNTIES (Contractor), a Washington non-profit corporation. WITNESSETH, that the parties agree as follows: I . Scope of services to be performed by CONTRACTOR. The CONTRACTOR shall operate a YakimalKittitas County Dispute Resolution Center in accordance with chapter 7.75 RCW as further described in the Dispute Resolution Plan previously approved by the COUNTY, which plan is incorporated herein by this reference as if set forth in full. 2. Time of Performance. The term of this contract shall be January 1, 2017 through December 31, 2021. No later than December 1, 2021, the parties shall agree upon such modifications of this agreement which become evident during the term as necessary to provide the citizens of Kittitas County with the services contemplated herein. Modifications may include the scope of services and rates of compensation. In the event that neither party takes any action to modifY, terminate or extend the agreement for term beyond December 31, 2021, the agreement shall remain in effect, on a month to month basis, until the parties modifY, terminate or extend the agreement. In this event, the agreement may be terminated by either party, for any reason, upon 30 days notice. 3. Compensation. The COUNTY shall pay the CONTRACTOR the total quarterly surcharge revenue from the preceding quarter for providing dispute resolution services to the people of Kittitas County. The COUNTY'S financial obligation under this Agreement shall not in any event exceed the total amount of money received and held by the COUNTY pursuant to Resolution No. 94-85. Quarterly payments will be payable due on the last working day of the month following the close of each quarter. 4. Fees. CONTRACTOR may charge fees to the parties to the dispute resolution process in accordance with the fee Schedule attached to this contract. The CONTRACTOR'S Board of Directors may, from time to time, modifY the fee schedule . When changes have been made to the CONTRACTOR'S fee schedule, a copy of the new schedule will be filed with the Court Administrator. 5. Owners of files. Each of the Dispute Resolution Center confidential case files shall be the property of the CONTRACTOR. 6. Display of Information. The COUNTY shall permit the CONTRACTOR to post or display referral brochures and related informational material in appropriate COUNTY offices and facilities. 7. Annual Accounting-Access to books and records. The CONTRACTOR shall present to the Board of Kittitas County Commissioners an annual financial review prepared by a certified public accountant. Such reports shall be presented to the board of Kittitas Commissioners no later than September 30 of each year and shall cover the previous fiscal year of January 1 st through December 31 st. The CONTRACTOR agrees to provide duly authorized representatives of the COUNTY, state or federal agencies access to and the right to copy any or all of its books, accounts, records, files and other papers or property pertaining to the performance of this agreement including where applicable, pertinent information regarding Kittitas County residents served or participating in dispute resolution proceedings; PROVIDED, that the contents of confidential case records of the dispute resolution center shall remain in the sole custody of the CONTRACTOR. 8. Hold Harmless and Indemnification. The CONTRACTOR agrees to protect, save harmless, indemnify and defend, at its own expense, the COUNTY, its elected and appointed officials, employees and agents, from any loss or claim for damages of any nature whatsoever arising out of the performance of this Agreement, including claims by the CONTRACTOR'S employees, volunteers or third parties, except for those damages solely caused by the negligence or willful misconduct of the COUNTY, its elected and appointed officials, employees or agents. 9. Nondiscrimination. The CONTRACTOR agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap or any other status in violation of Washington State Law Against Discrimination (RCW 49.60) or the American With Disabilities Act (42 U.S.C 12101etseq.) In the event the CONTRACTOR violates this provision, the COUNTY may terminate this agreement immediately and bar the CONTRACTOR from performing any services for the COUNTY in the future. 10. Termination. a. tfthe CONTRACTOR breaches any of its obligations hereunder, and fails to cure the same within thirty (30) days of written notice to do so by the COUNTY, the COUNTY may terminate this contract, in which case the COUNTY shall pay the CONTRACTOR only for costs of services accepted by the COUNTY. b. Either the COUNTY or the CONTRACTOR may terminate this Agreement upon ninety (90) days written notice for any reason other than otherwise provided herein in which case the COUNTY shall pay the CONTRACTOR for all costs incurred by the CONTRACTOR in performing the contract to the date of termination, subject to the limitations noted in paragraph 3. c. The invalidity or unenforceability of any particular provision of this Agreement shall not affect other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 11. Exercise of rights or remedies. Failure of either party to exercise any rights or remedies under this agreement shall not be a waiver of any obligation by either party and shall not prevent either party from pursing that right at any future time. 12. Venue Stipulation. This shall be governed by and interpreted under the law of the state of Washington. Any action, suit, or judicial proceedings for the enforcement of this Agreement shall be brought in the Superior Court for the State of Washington in Kittitas County, Washington. 13. Documents Included in Agreement. This agreement constitutes the entire agreement between the parties and includes the following documents: 1. This Agreement. 2. Fee Schedule. 14. Annual Review. This agreement is subject to annual review by the parties to evaluate costs of delivery of services by CONTRACTOR, revenues generated by the county and potential changes to the services to be provided. Kittitas County, Washington ABSENT Deputy Prosecuting Attorney Dispute Resolution Center of Yakima and Kittitas Counties ~'~'4-- Executive Director 1~(III' Date Signed ,t,.... . <l.' I'" Procedures: Dispute Resolution Center Of Yakima and Kittitas Counties 303 East 'D' Street, suite 4 Yakima WA 98901 1. A non-refundable $25 initial intake fee must be paid by the initiating party before contact with the other party(ies) will be made. A non-refundable $25 initial fee must be paid by other parties before mediation can be scheduled. 2. Mediation fees are charged on a per session basis. Sessions are two to three hours in length, generally with two mediators. Participating parties usually pay an equal share of the fees, unless otherwise agreed upon or stated differently in a contract, parenting plan, or court order. 3 . Fees may be adjusted if household income is below $50,000. Income verification is required. Each party should contact our office within one week of your mediation session date being confirmed if you think you may be eligible for a fee reduction. 4. Payment plans are available upon request. All fees, including those paid via payment plans, must be paid in full 10 business days prior to your scheduled mediation session. If not paid in full, your session will be canceled. Please contact our office for payment arrangements. 5. Cancellations with less than 10 business days notice will not be eligible for a refund. However, a portion of the payment may be applied to future sessions up to one year. Cancellations with more than ten days' notice may receive a partial refund. Exceptions are considered on a case by case basis. 6. If mediation sessions are cancelled by an attorney's office with less than 3 business days' notice (72 hours) to the DRC staff because of an attorney availability conflict, the attorney's office will be charged $200. This fee must be paid within 30 days. If it is not paid within 30 days, the DRC reserves the right to decline to schedule additional sessions for any of that attorney's clients. Fees: 1. Initial intake fee, payable by initiating party (for all mediations, #3-6 below) ... . . . . . .. $ 25.00 2 . Mediation Scheduling fee for all but initiating party (for all mediations, #3-6 below) ..... $ 25.00 3 . Family Court, Parenting Plans, Divorce, Elder Family Issues, CustodyNisitation . . . . . .. $250.00 per session ($125 per person, unless otherwise instructed by the court) 4. Parent/Teen, or Teen/Teen ................................................. ,. $125.00 5 . Neighborhood, Consumer/Merchant, Landlord/Tenant ............................. $100.00 6. Tru t and Estate Disp ute Resolution Aot Mediations $125 per hour. $375 minimum for estates over $30,000 in value. Extreme economic circumstances for estates below this level could result in lower fees. Cost to be borne equally by all parties. (all parties can mutually agree that the fee come out of the estate if this doesn't lead to a delay in the payment). 7. 8. $400 up to 2 hour session $200 each additional hour $100 per hour for advance interviewing, planning, and travel 9. Meeting Facilitations $200 per hour $225 per hour with mUltiple facilitators and less than 50 people $275 per hour with multiple facilitators and more than 50 people $100 per hour for advance interviewing, planning, and travel $200 per hour for up to 5 people $235 per hour for 6-10 people $270 per hour for 11-15 people $300 per hour for 16-20 people For trainings between 1-4 hours a $15 fee will be assessed per person, above 20 people. 5-8 hours a $30 fee will be assessed per person, above 20 people (There is a minimum training fee of$375.) Per RCW 7.75 which mandates DRC services be available based on clients' "ability to pay." It is conceivable some people will pay less than the listed fee. Each case will be evaluated on its merits. Dispute Resolution Center Of Yakima and Kittitas Counties East '0' Street, suite 4 Yakima WA 98901 HARDSHIP DECLARATION FORM AND FEE REDUCTION APPLICATION Phone Name of Applicant ____________________ _ ----------------------- DRC Case # Fee Amount ----------------------------------------------- DECLARA TION I submit this declaration in support of my request for a fee discount. I certify that the information below is complete and accurate. I have no means to pay the full mediation fee in this action. I declare under penalty of perjury under the laws of the State of Washington that the information I am providing is true and correct, and understand that I may be subject to criminal prosecution if I knowingly provide false information which results in assistance for which I am not eligible. Signedm _________________________________________________ ,on~~----------------------~ (City and State) (Date) (Signature of Applicant) Monthly gross household income, by type: Combined Salary/Wages of all household members* .................. . *Household members include spouses, domestic partners, children, and anyone who contributes to the financial support of the household. Additional Income (ie. rental, capital gains, trusts) ................... . Unemployment Income ......................................... . Child Support Received ......................................... . Financial Aid Income ........................................... . Government Assistance Income ................................... . SSI/Disability Income .......................................... . Other Assistance (i.e. food stamps, etc.) ........................... . Total Household Income ..........................•...........•. How many adults in your household? __ _ How many children in your household? --- Briefly describe your hardship: Plea e e nd the fi.:s't t\vo pages of yo.ur most recent federal lax return (no schedules or worksheet needed) and any related documents that verifY the above numbers. Verification can be pay stubs, food stamp card, letter from a case worker, medical coupon information, bank statements, financial aid letter, unemployment records, etc. We are unable to mail back originals; send copies only. All personal information will be destroyed after use. Applications will be denied if documentation is not supplied. In cases of extreme hardship, an appeal regarding this application may be submitted in writing to the Dispute Resolution Center for special consideration due to extenuating circumstances. DOCUMENT DUE WITHIN TWO WEEKS OF YOUR MEDIATION SESSION DATE BEING CONFIRMED FOR OFFICE USE o Income verification attached? o Tax return attached (last year's)?