HomeMy WebLinkAboutOIC of Washington - Vendor Agreement VENDOR AGREEMENT
This agreement, effective as of October 1, 2023, through September 30, 2024, is entered into by
and between OIC of Washington, (Agency), and the City of Yakima, a supplier of home water
and/or waste water, (Vendor).
PURPOSE
Public Law No: 116-260 signed on December 27, 2020, included funding with instructions for
the Administration for Children and Families (ACF)within the U.S. Department of Health and
Human Services (HHS)to carry out grants to assist low-income households, particularly those
with the lowest incomes,that pay a high proportion of household income for drinking water and
wastewater services, by providing funds to owners or operators of public water systems or
treatment works to reduce arrearages of and rates charged to such households 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.
AGENCY RESPONSIBILITIES
The Agency shall:
1. 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.
RECORD RETENTION REQUIRED BY STATE LAW
The Agency shall:
Maintain (in accordance with generally accepted accounting practices)books, accounts, records,
documents and other materials (Records) related directly or indirectly to its responsibilities
pursuant to this Agreement.
The Records will be provided to the Vendor upon the Vendor's request. The Records shall, at all
times, be subject to inspection by the Vendor. The making of(or failure or delay in making)
such inspection by the Vendor shall not relieve the Agency of responsibility for performance in
accordance with this Agreement. The Agency shall provide the Vendor sufficient, safe, and
proper facilities, and/or send copies of the requested documents to the Vendor.
The Agency shall promptly furnish the Vendor with such information and records which are
related to this Agreement as may be requested by the Vendor. All Records must be made
available to the Vendor. The Records must be produced to third parties, if required pursuant to
the Washington State Public Records Act, Chapter 42.56 RCW, or by law.
All Records must be retained by the Agency for the minimum period of time required pursuant to
the Washington Secretary of State's records retention schedule. If any litigation, claim or audit
is started before the expiration of the of the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule, the Records shall be retained until
all litigation, claims, or audit findings involving the records have been fully resolved.
WATER VENDOR RESPONSIBILITIES
The Vendor shall:
1. Immediately apply the benefit payment to customer's current/past due bill,
deposit/reconnect requirements, or arrearages to eliminate the amount owed by the
customer and agree to maintain service to 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, except as otherwise required by laws requiring
disclosure of public records, including, without limitation the Washington State Public
Records Act, Chapter 42.56 RCW.
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 law regarding disconnects and pertinent
provisions of the Washington Administrative Code related to 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.
REQUIRED RECORDS FOR AUDIT PURPOSES
The vendor will keep records showing the following:
1. Name and address of households who received assistance payments.
2. Amount of assistance to each household.
3. Source of payment.
OTHER PROVISIONS
Indemnification and Hold Harmless
1. The Agency agrees to release, defend, indemnify, and hold harmless the Vendor, its elected
and appointed officials, agents, officers, employees, attorneys, representatives, insurers, and
volunteers (hereinafter"parties protected") from all liabilities, losses, damages, and expenses
related to all claims, suits, arbitration actions, investigations, and regulatory or other
governmental proceedings arising from or in connection with this Agreement or the acts, failures
to act, errors or omissions of the Agency, or any Agency's agents or subcontractors, in
performance of this Agreement.
2. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Agency and
the Vendor, the Agency's liability, including the duty and cost to defend, shall be only to the
extent of the Agency's negligence.
3. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency
waives any immunity that may be granted to it under the Washington State industrial insurance
act, Title 51 RCW et. seq., solely for the purposes of this indemnification. The Agency's
indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. The Agency shall require that its
subcontractors, and anyone directly or indirectly employed or hired by the Agency, and anyone
for whose acts the Agency may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and
assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
4.Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
5. The provisions of this Section shall survive the termination or expiration of this Agreement.
Term of Agreement
This agreement is effective for the dates and period stated above.
Termination
This agreement may be terminated by either party with a thirty (30) 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 agency 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.
Survival
Any provision of this Agreement which imposes an obligation after expiration or termination of
this Agreement shall survive the expiration or termination and shall bind the parties.
The vendor and the agency do hereby agree to the conditions set forth in this agreement.
Agency Ve r i
Signat Sinature
Anthony son cCeP'i— - u"Yj Sflr
Printed Name Printed Name
CEO v ncul ter,
Title Title
OIC of Washington (_/1
Name of C m any Name o C m an
Date Date
CITY CONTRACT NO:
RESOLUTION NO:_ 1~ ll