HomeMy WebLinkAboutOIC of Washington - Vendor AgreementI- pwo
limits, (Vendor).
PURPOSE
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the Administration for Children and tamil les (ACF) within thc� U.S. Departmertt of Health an
Human Services (HHS) to provide grants to assist low-income households, particularly those
with the lowest incomes, that pay a high proportion of household income for drinking water
and/or wastewater services. The grant program provides funds to owners or operators of publi
water systems or treatment works to reduce arrearages of, and rates charged to, such househol
for such services. This act requires that certain assurances be satisfied before assistance
payments are made on behalf of eligible individuals to suppliers of drinking water and
wastewater. This agreement defines the conditions that the Vendor must agree to so that the
Agency can make assistance payments to the Vendor on behalf of eligible households. I
PARTIES
Agency is a non-profit organization operating in the State of Washington which has been
awarded federal grant funds to provide monetary assistance to low income households struggling
to pay utility bills, specifically bills for water and wastewater. Vendor, the City of Yakima, is a
full -service municipal corporation which provides water and wastewater services to customers
within the City of Yakima, and bills said customers for those services according to local
ordinance. Agency and Vendor wish to enter into this agreement to provide assistance to
Vendor's customers to pay past -due water and wastewater charges and avoid utility shut -offs.
AGENCY RESPONSIBILITIES,�,
In addition to following all grant obligations and requirements, the Agency shall:
I . Accept and review client applications and determine eligibility of households for
payments,
2. Follow procedures that minimize the time elapsing between the receipt of funds and their
disbursement to vendor.
3. Make payments in a timely manner to the vendor on behalf of eligible households for the
term of this agreement.
4. Follow sound fiscal management policies, including, but not limited to segregation of
funds from other operating funds of the agency.
5. Notify customer and/or vendor, of the customer's eligibility and total benefit amount.
6. Incorporate policies that assure the confidentiality of eligible household's usage, balance,
and payments.
7. Upon request from vendor, provide a statement verifying income of an eligible household
for the sole purpose of determining moratorium eligibility, within the statutory guidelines
of confidentiality.
WATER VENDOR RE SPONSIBILITIES
T'te Vendor-Aall:
I . Immediately apply the benefit payment to customer's current/past due bill,
deposit/reconnect requirements, or arrearages and agree to maintain service to the
customer for a period of 30 days.
2. Notify the customer of the amount of benefit payment applied to the customer's billing.
3. Keep customer records confidential, unless otherwise required to release them according
to law,
4. Maintain records for four (4) years from the date of this agreement, or longer if the
vendor is notified that a fiscal audit for a specific program year is unresolved.
5. Not treat adversely, or discriminate against any household that receives assistance
payments, either in the cost of the goods supplied or the services provided.
6, Upon request of the agency,, provide eligible customer's consumption history and account
balance for the sole purpose of determining customer benefit.
7. Comply with the provisions of the state and local law regarding disconnects and pertinent
provisions of any moratorium, if governed by that ruling.
8. Make records available for review by authorized staff of the agency and Washington
State Department of Commerce and the U.S. Department of Health and Human Services.
Nothing in this agreement requires the Vendor to waive any past -due or current charges, taxes,
fees or penalties.
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wt voridor will keep records �W the following.
1. Name and address of households who received assistance payments,
2. Amount of assistance to each household.
3. Source of payment.
Both parties shall retain all records associated with this agreement for a minimum of six (6)
years. Agency shall maintain, in accordance with generally accepted accounting practices, all
books, accounts, records, documents and other materials related directly or indirectly to the work
to be performed by each party undefthis agreement. All such records shall be subject to
inspection and audit at reasonable times by representatives of the City and Agency shall make
such records available within 48 hours of a request for inspection. Agency shall promptly
furnish the City with information related to services and/or work performed pursuant to this
agreement as may be requested. The City is required by law to comply with the Washington
State Public Records Act (PRA), Chapter 42.56 RCW. All records relating to Agency's services
under this agreement must be made available to the City, and also produced to third parties
unless an exemption applies. All determinations of records subject to release under the PRA, or
otherwise required by law, shall be at the sole discretion of the City. This agreement and all
public documents associated withilthi,is agreement shall be made available to the City for
inspection and copying by the public' where required by the PRA or other law, to the extent that
f�ublic records in the custody of Agency are needed for the City to respond to a request under the
PRA, as determined by the City. The City shall not be liable to Agency for any records that the
City releases in compliance with the PRA, this section, or in compliance with an order of a court
of competent jurisdiction.
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Term of Agreement
This agreement is effective from the date of execution and shall terminate on September 30,
2022.
Termination
This agreement maw d,o— r to the end of the term bgi eith 3-0,�,
A be terminate rio er �tartp with vAhirt�*l
day written notice to the other party. 'termination shall not extinguish authorized obligations
incurred during the term of the agreement. If funding is withdrawn, reduced, or eliminated by
Commerce, the .• has the right to terminate this agreement immediately.
Assignment of Agreement
Neither party may assign the agreement or any of the rights, benefits and remedies conferred
upon it by this agreement to a third party without the prior written consent of the other party,
which consent shall not be unreasonably withheld.
Indemnification
To the maximum extent permitted by law, the Vendor its officials, officers, employees, and
agents agree to protect, defend, indemnify, and hold harmless, the City, its elected and appointed
officials, officers, employees, agents, and volunteers from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, administrative and other proceedings and all
judgments, awards, losses, liabilities, damages (including punitive or exemplary damages),
)enalties fines costs and ex enses in I iii iiii in f 2-2
0 ees,age*' VoWders and16f subco
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• materials • to this Agreement.
Insurance
It is understood that the City does not maintain any form of insurance for Agency, its officers,
employees, agents, instructors, volunteers, and/or subcontractors regarding the scope of this
agreement.
Conflict of Interest
Agency covenants that neither it, nor its officers, have any interest and shall not hereinafter
acquire any interest, direct or indirect, ' which would conflict in any manner or degree with the
performance of this agreement, Agency further covenants that it will not recruit anyone or any
entity having a conflict of interest during the performance of this agreement.
Modification
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change or addition be in writing and executed by both parties.
Integration
This written document constitutes the entire agreement between the City and Agency. There all,
no other oral or written agreements, between the parties as to the subjects covered herein. This
agreement supersedes all prior written and oral agreements between the parties, I
Severability
If a court of competent jurisdiction holds any part, term or provision of this agreement to be
illegal or invalid in whole or in part, or if any provision of this agreement is in direct conflict
with any federal or state law, the provision which is held invalid or is in conflict shall be deemed
inoperative and null and void, and the remaining provisions shall not be affected. The remainint
provisions of the agreement shall be construed and enforced as if the agreement did not contain
the particular provision held to be invalid and the parties' rights and obligations shall be
construed as such.
Non -Waiver of Breach
A waiver by either party hereto of a breach by the other party hereto of any covenant or I J
condition of this a reement shall not impir
any subsequent breach thereof, Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this agreement, or to exercise any rig
herein given in any one or more instances, shall not be construed as a waiver or relinquishmen
of any such agreement, covenant, condon or right.
Survival
Any provision of this agreement which imposes an obligation after termination or expiration of
this agreement shall survive the to or expiration of this agreement and shall be binding on the
parties to this agreement.
Governing Law and Venue I
This agreement shall be governe& by, and construed in accordance with the laws of the State of
Washington, The venue for any action to enforce or interpret this agreement shall lie in the
Superior Court of Washington in Yakima County.
Notices
Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties
at their addresses as follows:
TO THE CITY: Bob Harrison, City Manager
City of Yakima
Yakima City Hall
129 North Second Street
Yakima, WA 98901
;Phone: 509-575-6000
Email: bobj)a i )iy qakiniawtgov &
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid, or hand-delivefed. Such notices shall be deemed effective when hand -
delivered at the addres*ses specified above, or three (3) days after the date of
mailing to the addresses specified above.
,, AA nncy
ignaturer-----:�&
Steve Mitchell
Printed Name
CEO
Title
01C of Washington
Nlnowrc n)"My
Date
Signature
Robert Harrison
Printed Name
City
Title
Cit y_(Lf Yakima
Name of Coo a
P
Date
CITY CONTRACT NO:
RESOLUTION NO:--A�p