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HomeMy WebLinkAboutGrant Related - BOCCK23-029 2023 KECORDING FEE SURCHARGE DISTRIBUTION AGREEMENT THIS AGREEMENT, between Grant County ("COUNTY"), the Housing Authority of Grant County, New Hope Domestic Violence and Sexual Assault Services, and the City of Moses Lake hereinafter "GRANTEES," is for the sole purpose of distributing funds obtained by the COUNTY as a result of RCW 36.22.179 and 1791. The COUNTY hereby appoints and GRANTEES hereby accept that the Grant County Auditor, as the COUNTY's designee, will distribute funds obtained by the COUNTY through the additional recording fee surcharge pursuant to RCW 36.22.179 and 1791, to support the efforts of GRANTEES in operating and maintaining in certain homeless housing and assistance programs. 0 The COUNTY and GRANTEES mutually agree that. "2001 GRANTEES shall use the funds distributed under this Agreement only as described herein. Subject to its other provisions, the period of performance under this Agreement shall be January 1, 2023, to December 31, 2023, unless -terminated as provided herein. C, ALLOCATION OF FUNDS 1. The COUNTY shall allocate funds received as a result of RCW 36.22.179 and 1791 A to GRANTEES based on the following distribution formula, after the required IN amounts are remitted to the State Treasurer and an appropriate percentage is reserved from the fund for administrative costs: a. Twenty-three (23%) to New Hope Domestic Violence and Sexual Assault Services; and b. Fifty-four (54%) to Housing Authority of Grant County; and c. Twenty-three percent (23%) to the City of Moses Lake. 2. Funds will be distributed at least 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 36.22.179 and 1791 to cover administrative costs. 7 w E C J\ i� „� g G � �a.M �.:.� J k1il Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Pagel of 8°:, C:',.Usersl.dlarson\AppData\LocaDMicrosoft�WindoNvs:TNetCache.Content.Outlool%-\IJJYRME�GE\20"4"1 Recording Fee Surcharge Agreement city OfMoses Lake.doc­ Moses Lake 0 'I of 8 Document Ref-, UEM65-ZBFZG-UDLYF CJUG5 Page 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 Recording Fee Surcharge Distribution Agreement Part 42 (HAGC-New Hope -City of Moses Lake) Page 2 of 8 C:\Users\dlarson\AppData\Local\Microsoft\WindowslINetCache\Content.Outlook\UJYRNIEGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc— Moses Lake Document Ref: UEM65-ZBFZG-UDLYF-CJUG5 Page 2 of 8 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 36.22.179 and 1791, 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 Aper general aggregate limit of One Million and No/1 00 Dollars ($190009000.00). 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. In lieu of the insurance requirements set forth in this Section 1, GRANTEES may self -insure against such risks in such amounts as are consistent with good utility practice and the per occurrence minimum of $500,000-00. GRANTEES shall provide the COUNTY with a self- insurance letter as evidence that GRANTEES maintains a self-insurance program. Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 3 of 8 C:\Users\dlarson\AppData\Local\Nficrosoft\Windows\]NetCache\Content.Outlook\UJYR'NEGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc— Moses Lake Dodument-Ref: UEM65-ZBFZG-UDLYF-CJUGS Page, 3 of 8 If GRANTEE is self-insured under RCW 48.62, GRANTEE shall provide proof of coverage evidencing said coverage limits as required by this contract. GRANTEE shall not be required to list Grant County as additional insured, if GRANTEE is in a self-insured pool and prohibited from naming third parties as additional insured. % I J. TERMINATION 1. The COUNTY reserves the right to terminate this Agreement, in whole or in part, with thirty (3 0) 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. 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. If the GRANTEES breach any of its obligations hereunder and fails to cure the breach within ten (10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Agreement. 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 the GRANTEES of any one of its duties under this AGREEMENT. In the event the GRANTEE has failed to perform any substantial obligation to be performed by the GRANTEE under this Agreement and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the GRANTEE, withhold any and all monies due and payable to the GRANTEE, without penalty until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Agreement means faithfully fulfilling the terms of the Agreement with variances only for technical or minor omissions or defects. 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; Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 4 of 8 C.\Users\dluson\AppData\Local\Mcrosoft\Windows\INetCache\Content.outlook\uJYRNMGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc— Moses Lake Document Ref. U,EM65-ZBFZG-UDLYF-1CJUG5. pade 4 of 8 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. P. WAIV_ER 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; Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 5 of 8 C:\Users\dlarson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\UJYRMEGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc— Moses Lake i I Document Ref: UEM65-ZBFZG-UDLYF-CJUG5 Page 5 of 8 (3) City of Moses Lake P.O. Box 1579 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 de 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. 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. Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 6 of 8 C:\Users\dlarson\AppData\LocaiMcrosoft\windows\INetCache\Content.outlook\ujYRAmGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc—Moses Lake Docu'ment Ref: UEM65-ZBFZG-UDLYF_CJUG5 Page 6 of 8 DATED the day of J:_c'L'xwAN 20_Ql -3 6 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON my Carter, Vice --Ch air .......... AT~ST: Danny Sto e, Member 3 hrbala J. Vasquez,)Cl f the Oard ate:/ Z-1-Z� / / �1 A. Kevin ,J. M$Crae, WSBA No. 4308'7 Prosecuting Attorney NEW HOPE DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES N 1% Suzi 'ode Director �X Date: HOUSING AUTHORITY OF GRANT COUNTY -- -- - - - ----------------------- - Carol ------------------ Carol Anderson, Executive Director Date: 2023-01-31 Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 7 of 8 (':\tJscrsl,dlarson',,AppData\[.ocal'CPvficrosoff-Wi.ndows\fNetCaclid�Conte.nt-Outlook'.IJJYRNI.FGE\,20'-'.") Recording Fee Surcharge Agreement - City of Moses Lake.doc­ Moses Lake Document Ref. UEM65-ZBFZG-UDLYF-CJUG5_ Pagb 7 of 8 CITY OF MOSES LAKE Allison Williams, City Manager Date: 2023-02-02 Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope -City of Moses Lake) Page 8 of 8 C:\Users\dlarson\AppData\Local\Mcrosoft\Windows\lNetCache\Content.Outlook\UJYRUEGE\2023 Recording Fee Surcharge Agreement - City of Moses Lake.doc— Moses Lake Document.Ref: UEM6,5-ZBFZG-UDLYF'CJUG5 Pa' 8,'of 8 ge-