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Home My WebLink AboutAgreements/Contracts - BOCC (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST SUBMITTED BY: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Karrie Stockton CONFIDENTIAL INFORMATION: ❑YES WNO oare:6/14/2024 PHONE:2937 i V ff M. -- ----------- BAgreement /Contract OAP Vouchers ❑Appointment /Reappointment ❑ARPA Related El Bids /RFPs /Quotes Award ❑Bid Opening Scheduled ❑Boards /Committees ❑Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑Facilities Related ❑Financial ❑Funds ❑Hearing EI Invoices /Purchase Orders ❑Grants —Fed/State/County El Leases 1:1 MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑Petty Cash ❑Policies F] Proclamations El Request for Purchase ❑Resolution 1:1 Recommendation ❑Professional Sery/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB 2024 Recording Fee Surcharge Distribution Agreement, RCW 36.22.250(c) with New Hope,and Housing Authority of Grant County. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO C-1 N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO Cl N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD K24-151 2024 RECORDING FEE SURCHARGE DISTRIBUTION AGREEMENr THIS AGREEMENT, between Grant County ("COUNTY"), the Housing Authority of Grant County and New Hope, hereinafter "GRANTEES," is for the sole purpose of distributing funds under RCW 36.22.250(c) obtained by the COUNTY as a result of RCW 36.22.250(l), (2)(b). 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 36.22.250, to support the efforts of GRANTEES in operating and maintaining in certain homeless housing and assistanceprograms. The COUNTY and GRANTEES mutually agree that: A. USE OF FUNDS 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 15 2024, to December 31, 2024, unless terminated as provided herein. C. ALLOCATION OF FUNDS 1. The COUNTY shall allocate ffinds, under RCW 36.22.250(3)(c) received as a result of RCW 36.22.250(1), (2)(b) to GRANTEES based on the following distribution formula: a. Thirty percent (30%) to New Hope Domestic Violence and Sexual Assault Services; 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. RC .. C 1 V E A GRIIINT C0;UN-P,;/ 15! 0 fI Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page I of 7 C:"�Users\kstockton\AppData'�Locall,microsoff\Windows\lNetCache\Content.Outlook\U'Y'VG'i\42DX\1-024 Recording Fee SLLt-cbargeAgreement (HAGC-LNewtiope).doc DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD 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 accountingprinciples (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. I 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 #2 (HAGC-New Hope) Page 2 of 7 C:\Users\kstodkton\AppData\Local\Mcrosoft\Windows\lNetCache\Content.Outlook\UYVGM2DX\2024 Recording Fee Surcharge Agreement (I-IAGC-New Hope),doc C) DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD 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 36.22.250, 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 ($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 15" 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 (HAGC-New Hope) Page 3 of 7 C:\Users\kstockton\AppData\Local\Mcrosoft\Windows\INetCache\Content.Outlook\UYVGM2DX\2024 Recording Fee Surcharge Agreement (RAGC-New Hope) doe DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD 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. 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. Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page 4 of 7 C:\Users\kstockton\AppData\Local\Nficrosoft\Windows\INetCache\Content.outlook\LTYVGNnDX\2024 Recording Fee Surcharge Agreement (HAGC-New Hope).doc C) DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD P. WAIVER The fail -Lire 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 Fade, 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. Recording Fee Surcharge Distribution Agreement Part #2 (RAGC-New Hope) Page 5 of 7 C:\Users\kstockton\AppData\Local\Nficrosoft\Windows\INetCache\content.Outlook\UYVGM2DX\2024 Recording Fee Surcharge Agreement (HAGC-New Hope).doc DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD 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. I.T. 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 20,W BOARD OF COUNTY COMMISSIONERS GCOUNTY, WAS GTON -7 --k a Cindy Carter, air A Danny St , Vice -Chair Rob ]�ne ATTEST: ------------ —_ Rebekah M. K6 r, WSBA. No. 53257 Chief Civil Deputy Prosecuting Attorney Recording Fee Surcharge Distribution Agreement Part #2 (RAGC-New Hope) Page 6 of 7 N:\Staff%ASC Files\Recording Fe&2024 AgreementQ) 024 Recording Fee Surcharge Agreement (ILAGC-New Hope).doc DocuSign Envelope ID: F917AB07-4657-4E69-ADF1-DBB33C8COAOD NEW HOPE DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES Suzi Fade, Director Date: HOUSING AUTHORITY OF GRANT COUNTY C,aV'bL Qtn,�t,V'Sbin. Carol Anderson, Executive Director Date: 6/3/2024 Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope) Page 7 of 7 C:\Users\kstockton\AppData\Local\Mcrosoft\Windows\INetCache\Content.Outlook\UWGM2DX\2024 Recording Fee Surcharge Agreement (HAGC-New Hope).doc 1AVIEW HOPE DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES ti Sum' Pode, girector/./. Date: HOUSING AUTHORITY OF GRANT COUNTY Carol Anderson, Executive Director Date: Recovding Fee Surcharge Distribution Agreement Part #2 SGC New Hope) Page 7 of 7 C-.\Usexs\kstor.ktott\Appl)aWtoc�lMoi-osoltlWiladowg\lNetCache\Contmt.Outlook\UYVGMDX\2024 Recording Fee Surcharge Agreement (ITAOC-New flope),doc