The URL can be used to link to this page

Home My WebLink AboutAgreements/Contracts - BOCC-K22"'225 2023 RECORDING FEE SURCHARGE DIST RUB 0 AGREEMENT THIS AGREEMENT, between Grant County (COUNTY"11), the Housing Authority of Grant County and New Hope, hereinafter "GRANTEES," is for the sole purpose of distributing funds obtained by the COUNTY as a result of RCW 36.22.178. 4;7 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 36.22.178, to support the efforts of GRANTEES in operating and maintaining in certain homeless housing and assistance programs. The COUNTY and GRANTEES mutually agree that: GRANTEES shall use the funds distributed under this Agreement only' as described her �W WIA19 I 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. 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. Thirty percent (30%) to New Hope and b. Seventy percent (70%) to Housing Authority of Grant County. 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 36.22.178 to cover administrative costs. Recording Fee Surcharge Distribution Agreement Part #2 (RAGC-New Hope) Page 1 of 7 N:\Ci,n'l 8\DEPARTMEWS\Commissioners\2023\2023 Recording Fee Surcharge Agreement (RAGC-New Hope).doc V WA 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. !,4 oil I IN %I 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. During the performance of this Agreement, GRANTEES shall comply with all Federal and State laws, rules, and regulations, with regard to nondiscrimination in employment. = JR -1 KA I I flu a 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 toparticipate in any Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page 2 of 7 N.-Tivil 8\DEPARTMEWS\Commissioners\2023\2023 Recording Fee Surcharge Agreement (HAGC-New Hope),doc 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. DID , 'I An Jklaw Now Fi' 5 1 1 1 slili 'k, ii'l I �. 101 V, a 1 JR -4 m I MUM I 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. 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, if. 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 (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. Recording Fee Surcharge Distribution Agreement Part #2 (EIAGC-New Hope) Page 3 of 7 NACivil MDEPARTNENTSTommi's imcrs\2023\2023 Recording Fee Surcharge Agreement (HAGC.New Hope).doc 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 fall 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. The COUNTY may, by written notice, terminate this Agreement in whole or inpart, for substantial breach by any one of GRANTEES of any one of its duties under this Agreement. 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. 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. 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. 0' TIME IS OF THE ESSENCE Time is of the essence in each and every provision of this Agreement. Recording Fee Surcharge Distribution Agreement Part #2 (EIAGC-New Hope) Page 4 of 7 NTH 8\DEPARTMENTS\Commissioners\2023\2023 Recording Fee Surcharge Agreement (HAGC-New Hope).doc 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. 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 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 topreclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. AIN * 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. Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page 5 of 7 N'Tivil 81DEPARTN=S\Commissioners\202312023 Recording Fee Surcharge Agreement (HAGC-New Hope).doc 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 day of ean --.j 202 2- . Kevin J. McCrae, WSBA No. 43087 Chief Civil Deputy Prosecuting Attorney Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) N:Tivil 8\DEPARTNffi*NTS\Commissioners1202312023 Recording Fee Surcharge Agreement (HAGC-New Hope).doc Igo: Suzi FodV,Director Date: 10.7.2022 Carol Anderson, Executive Director Date: Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page 7 of 7 NACivil 8\DEPARTNM'NTS\Commissioners\2023\2023 Recording Fee Surcharge Agreement (IIAGC-New Hope).doc j DocuSign Envelope ID: D6F58D81-9787-4DFA-BD57-A74651 1 D1AEE Suzi Fode, Direct®r Date: HOUSING AUTHORITY OF GRANT COUNTY (Ark 9VUjjA6VU Carol Anderson, Executive Director Date: 10/10/2022 Recording Fee Surcharge Distribution Agreement Part 02 (HAGC-New Hope) Page 7 of 7 0 NACivil 8\DEPARTNMNTS\Commissioners\202312023 Recording Fee Surcharge Agreement (HAGC-New Hope) d c