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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