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Home My WebLink AboutAgreements/Contracts - BOCC (005)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC DATE:2/12/2026 REQUEST SUBMITTED BY: KARRIE STOCKTON PHONE: 2937 CONTACT PERSON ATTENDING ROUNDTABLE: KARRIE STOCKTON CONFIDENTIAL INFORMATION: ❑YES ❑ NO 1409 •ommum gal.. ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code []Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies []Thank You's ❑Tax Title Property ❑WSLCB • � O A N FAR ;,. _. n 1 • Document • • • Surcharge Distribution Fee Agreement,• 1 • between Grant County and New Hope. 0 3 uest r orm u If necessary, was this document reviewed by accounting? ❑ YES LEGAL REVIEW: If this document requir" 1pgpl review, route to legql If necessary, was this document reviewed by legal? 7 YES ❑ NO DATE OF ACTION:— 7-0,L APPROVE: DENIED ABSTAIN D1: r� D2: D3: ❑NO RN/A DEFERRED OR CONTINUED TO: ►y,AII:1017:INTiONI ❑ N/A 4/23/24 2026 IKECORDING FEE SURCHARGE DISTRIBUTION AGREEMENT THIS AGREEM ENT, between Grant County (ICOTJNT " ), 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 under RCW 36,22.250(3)(b) obtained by the COUNTY as a result of RCW 36.22.250(7), (2)ib)v The COUNTY hereby appoints and GRANTEES hereby aecept that the Grant County Auditor, as the COUNTY's designee, will distribute fands 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 assistance programs, 0 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 perfonnance under this Agreement shall be Januaiy 1, 2026, to December 31, 2026, unless terminated as provided herein. t. The COUNTY shall allocate funds, under RCW 36.22.250(3)(b) received as a result of RCW 36.22,250(l), (2}(b to GRANTEES based on the following distribution formula: a. Twenty-three (23%) to New Hope Domestic Violence and Sexual Assault Services; and b. Fifty-four (54%) to Housing Authority of Giant County; and e. Twenty-ffiree 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. Recording Fee Surcharge Distilibution Agreonient (RAGC-New Hope, -City of Moses U-kr,) 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., dociunents and other items specified for a period of six (6) years after expiration or tennillation 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 tilues to inspection, review, or audit by COUNTY personnel, and others authorized by law. GRANTEES shall provide a written report within ninety (90) days of the end of each calendar year to the Board of County Conunissioners, describing 1he specific use of the finds 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 regulation's, 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 4. 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 t6 participate in any 2 Rezoixting Fee Silycharge Distlibution Agreement (HAGC-New Hope -City of Moses Lake) 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 4. handicap. H. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION GRANTEES shall provide the COUNTY or COUNTY authorized persomiel, 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 perfonn 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, 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 cmitinuously public, liability insurance with limits or liability not less than: Five 11un(h-ed Thousand and No/100 Dollars (5O0,000.00) each occurrence liability; and I A per general aggregate limit of One Million and No/100 Dollars (sipopo.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 15t11 of each subsequent year the Agteement 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 $5OO,000.00. GRANTEES shall provide the COUNTY with a self- 4 insurance letter as evidence that GRANTEES maintains a self-insurance program. 3 Recording Fee Sumbarge Distribution Agreement (HAGC-New Hope -City of Moses Lake) 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. 2. In the event of termination under this clause,, the COUNTY shall be liable only for payment in accordance with the terins of the Agreement, prior to the effective date of tennination.. 3. The terms mid conditions contained in this Agreement shall remain in ffill 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 here -under and fails to care 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 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 tenns 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. 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 patties, 4 Recording Fee Surcharge Distribution Agivement {HAGS New Dope- Clity of Moses Lake) 0' TIME IS OF THE ESSENCE Time is of the essence in each and every provision of this Agreement. 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 deeined a waiver of any subsequent breach or default in any terms and conditions. xsnn�� Any notice required to be given any party to another shall be deposited in the United States mail., postage prepaid, addressed to: The COUNTY; Grant Administrative Specialist Grant County Board of Commissioners' Office P,O, Box 37 Ephrata, Washington, 98823 To GRANTEES: (1) Housing Authority of Grant Comity 113 9 Larsen Blvd. Moses Lake, Washington, 98837 (2) Suzi 'ode, Director New Hope Domestic Violence and Sexual Assault Services 311 W. Third Avenue Moses Lake Washington, 98837 (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 141 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 a. notice in the manner prescribed for personal service of a summons or other legal process. Rv, DISPUTE RESOLUTION 5 Recording Fee Surcharge Distribution Agreement (HAGC-New Hope -City of Moses Lalke.) 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, 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 r , 20 3io. BOARD OF COUNTY COMMISSIONERS ko%% %111 �iau��,� GRANT COUNTY, WASHINGTON 0 U NT jr�%ii O.•••' ' '•C0 Sevin Bur e Chair 00 : : cn _ g . Cn _ , w : — -_ % \000 kNGTOk% ��`�' • Rob ones, Vice�Cha1r Cindy Ca er, Member Recording Fee Surcharge Distribution Agreement (HAGC New Hope -City of Moses Lake) ATTEST.- arbara J. Vasqttez, Clerk ofthe Board -6p DAe: /7 / ( APPROVED ASTO FORM: Trevor R.. Bevier, WSB A #47989 Grant County Prosecutor's Office Civil Depty Prosmiting Attorney Date: NEW 1101"E DOMESTICV101-jENCE AND SEXUAL ASSAt-14,T SERVICES QTIW;, 1/Z f3 D4 Suzi Fol(e, Director Date-, 1410USING AUTHOR1TY OF GRANT COUNTY Carol Anderson, Executive Director Date: CITY OF MOSES LAKE Rob Karlinsey, City Manatyer Date: Recording Fee Surcharge Distribution Agreement (HAGC-New Hope -City ofMoses Lake) 0 7 ATTEST: Barbara J. Vasquez, Clerk ofthe Board Date: PROVED A6 TO FORM: Tr or R. Bevieff, WSBA #47989 Want County Prosecutor's Office Civil Deputy Prosecuting Attorney Date: 7 / to 29 lk 4!:7 NEW HOPE DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES Suzi Fode, Director Date: Carol Anderson, Executive Director Date: CITY OF MOSES LAKE Rob Karlinsey, City Manager Date: Recording Fee Surcharge Distribution Agreement (HAGC-New Hope -City of Moses Lake)