HomeMy WebLinkAboutAgreements/Contracts - New Hope DV/SA=0
K19-193
2020
RECORDING FEE SURCHARGE DISTRIBUTION AGREEMENT
THIS AGREEMENT, between Grant County, ("COUNTY"), the Housing Authority of
Grant County and New Hope Domestic Violence and Sexual Assault Services, ("GRANTEES"),
is for the sole purpose of distributing funds obtained by the COUNTY pursuant to RCW
36.22.178.
The COUNTY hereby appoints and GRANTEES hereby accept that the Grant County
Auditor (Auditor), as the COUNTY's designee, will distribute funds obtained by the COUNTY
through a recording fee surcharge, to support the efforts of GRANTEES in operating and
maintaining certain low-income housing and emergency shelter projects.
The COUNTY and GRANTEES mutually agree that:
A. USE OF FUNDS
GRANTEES shall use the funds distributed under this Agreement only as described herein.
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 36.22.178 to
GRANTEES based on the following distribution formula, after the required amounts
are remitted to the State Treasurer and an appropriate percentage is reserved from the
fund for administrative costs:
a. Forty percent (40%) to New Hope Domestic Violence and Sexual Assault
Services; and
b. Sixty percent (60%) to Housing Authority of Grant County.
2. Funds will be distributed once each quarter based on the amount of funds received by
the COUNTY the previous quarter.
3. The Auditor will retain those funds allowed by RCW 36.22.178 to cover
administrative costs.
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D. STANDARDS FOR FISCAL ACCOUNTABILITY
GRANTEES agree to maintain books, records, documents, reports, accounting procedures 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 accounting principles (GAAP).
GRANTEES shall retain the books, documents and other items specified for a period of six (6)
years after expiration or termination of this Agreement. The COUNTY shall have the right to
copies of same upon reasonable notice.
GRANTEES' fiscal management systems shall:
1. 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.
E. REQUIRED REPORTS
GRANTEES shall provide a written report within ninety (90) days of the end of each calendar
year to the Board of County Commissioners, describing the specific use of the funds and the
benefit to Grant County residents and visitors.
F. NONDISCRIMINATION IN EMPLOYMENT
During the performance of this Agreement, GRANTEES shall comply with all Federal and State
laws, rules, and regulations, with regard to nondiscrimination in employment.
G. NONDISCRIMINATION IN CONSUMER SERVICES
GRANTEES shall not, on the grounds of race, color, sex, religion, national origin, creed, marital
status, age or the presence of any sensory, mental or physical handicap:
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
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services, will not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of their race, color, sex, religion,
national origin, creed, marital status, age or presence of a sensory, mental or physical
handicap.
H. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION
GRANTEES shall provide the COUNTY or COUNTY authorized personnel, upon reasonable
request, such program and fiscal data the COUNTY may reasonably be required to evaluate the
performance of the Agreement. GRANTEES authorize the COUNTY to perform on-site program
evaluations as needed to assure Agreement compliance.
I. INDEMNIFICATION
GRANTEES shall 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, gross
negligence, or intentional acts or omissions of GRANTEES or their officers, officials or
employees, in the performance of their Agreement.
GRANTEES further agree that they are financially liable for any audit exceptions, which occur
due to their negligence, gross negligence or intentional acts or omissions or failure to comply
with the terms of this Agreement, RCW 36.22.178, or other applicable local, State or Federal
laws, rules or regulations.
Without limiting this indemnification, it is agreed that GRANTEES shall maintain, at all times
during the performance of this Agreement, a policy or policies of insurance covering their
operations. GRANTEES shall maintain continuously public liability insurance with limits or
liability not less than:
Five Hundred Thousand and No/100 Dollars ($500,000.00) each occurrence
liability; and
- A per general aggregate limit of One Million and No/100 Dollars
($1,000,000.00).
GRANTEES shall provide sufficient written documentation to the COUNTY of the
aforementioned insurance coverage within seventy-two (72) hours of the last party affixing its
signature to the Agreement. GRANTEES shall provide sufficient written documentation to the
COUNTY of the aforementioned insurance coverage on an annual basis, by January 15th of each
subsequent year the Agreement is in effect.
J. 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,
prior to normal completion thereof.
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2. In the event of termination under this clause, the COUNTY shall be liable only for
payment 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 by mutual consent of the
parties.
4. The County reserves the right to terminate this agreement without notice, for cause.
K. TERMINATION FOR DEFAULT
The COUNTY may, by written notice, terminate this Agreement in whole or in part, for
substantial breach by any one of GRANTEES of any one of its duties under this Agreement.
L. 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.
M. 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.
N. MODIFICATION.
No change or additions to this Agreement shall be valid or binding upon either party unless such
change or addition is in writing, executed by both parties.
O. TIME IS OF THE ESSENCE
Time is of the essence in each and every provision of this Agreement.
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P. 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.
Q. NOTICE
Any notice required to be given any party to another shall be deposited in the United States mail,
postage prepaid, addressed to:
The COUNTY; Administrative Services Coordinator
Grant County Board of Commissioners' Office
P.O. Box 37
Ephrata, Washington, 98823-0037;
To GRANTEES: (1) Housing Authority of Grant County
1139 Larsen Blvd.
Moses Lake, Washington, 98837;
(2) Suzi Fode, Director
New Hope Domestic Violence and Sexual Assault Services
311 W. Third Avenue
Moses Lake, Washington, 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
manner prescribed 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.
R. 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 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
GRANTEES, 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.
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S. ASSIGNMENT
Neither the GRANTEES nor its successors or assigns shall assign this Agreement. This
Agreement shall not be assignable by operation of law.
T. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
U. 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.
DATED the Di day of � , 2019.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
_.----1�
Taylor,hair
Cindy Cart r, Vice -C air
Richard Stevens, Member
ATTEST:
rbra J. Vasque r oft oard
e: IZ-2-I
Approved qs to form:
Kevin J McCrae, WSBA No. 43087
Chief Civil Deputy Prosecuting Attorney
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NEW HOPE DOMESTIC VIOLENCE AND
SEXUAL ASSAULT SERVICES
&; � .9,10 (t
Suzi Fode, Qireqtor
Date: 02-0/16
HOUSING AUTHORITY OF GRANT COUNTY
C-5& u4t- ziewl .
Carol Anderson, Executive ffirector
Date:
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NEW HOPE DOMESTIC VIOLENCE AND j
SEXUAL ASSAULT SERVICES
Suzi Fode, Director
Date:
AUTHORITY OF GRANT COUNTY
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Carol Anderso Exeeuti Director
Date:
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