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HomeMy WebLinkAboutPSA - Fish Out of Home ServicesKittitas County Review Form Grants & Contract Agreement Contract/G rant I nformation Recommendation for Board of Health Review on Department Head Signature Director Date q lzzl >z Verification the Contracting Agency is not Suspended/Disbarred: Agency is not suspended/disbarred I Not Checked (reason) Financial lnformation Today's Date 8/1.8/2022 PA Camas Request #:Iqb0b Fund/Depa rtment 115-Public Health Agenda Date:q lu )Tr Contract /Grant Agency: FISH Out of Home Services Period Begin Date: 08/01/2022 Period End Date: 07/30/2023 Total Grant/Contract Amount: NTE 5367.32 for each recipient Grant/Contract Number Contract/Grant Su m mary: The PSA between Kittitas County and FISH Community Food Bank to provide groceries and prepared meals to food insecure individuals under isolation or quarantine orders in temporary housing. lt was previously thought that the Kittitas County Health Network would be able to take over services through alternate funding, but said funding will end sooner than anticipated and will not adequately meet community need. Kittitas County Prosecutor, Auditor, and Board of Health Review and Comment: APPROVED AS TO FORM: '3 + z."i.*-)-rlt tr,, \ r'/z y't z sttnatdreorpioi"iffirronn. F ( Signature of Auditor's Office Date Grant/Contract Review Page 1- Total Amount 5 State Funds $Federal Funds $ Percentage County Funds Matching Funds S CFDA# ln-Kind S Explain ls Equipment being purchased?Who owns equipment? New Personnel being hired?Contact HR hiring - reporting requirements Future impacts or liability to Kittitas County: Budget lnformation Budget Amendment Needed?Yes I attach budget form No I why not New Division Created? Revenue Code tt6.672392354LOL - 6*histrru1 code / Pass Through lnformat:on Agency to Pass Through Amount to Pass Through Expense Code Sub-Contract Approved Date: Prosecutor Review Has the Prosecutor reviewed this agreement?Yes No County Departments lmpacted Auditor Facilities Maintenance lnformation Services Human Resource Prosecutor Treasurer BOCC A roval Needed? Assi nment of Tracki lnformation Yes I Non Staff Member Presenting Auditor's Office Human Resource Prosecutor's Office I t\ {+z'tfer fr"-\)(k l("r4-1 ?/t(/z- Who Signed the grant application I vlr Reviewer Date Grant/Contract Review Page 2 covtD-19 our SIDE OF HOME PREPARED M EAL DELIVERY PROFESSIONAL SE ICES AGREEMENT This Agreement is made by and between Kittitas County (hereinafter "the County") and CONTRACTOR FISH Community Food Bank (hereinafter "Contractor"). The County and Contractor agree as follows: General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation); Exhibit C (Proof of lnsurance); Exhibit D (Cost Breakdown Worksheet) copies of which are attached hereto and incorporated herein by this reference as fully as if set forth herein. The term of this Agreement shall commence on the lstof Augusl,2022, and continue for a period of one year until August 1, 2023 This Agreement is subject to renewal for additional successive periods upon the written consent of the Parties at the end of the period. Any party may terminate this Agreement by giving thirty (30) days' notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. Contractor acknowledges and by signing this Agreement agrees that the lndemnification provisions set forth in Paragraphs 7 (lndependent Contractor), 9 (Taxes), 15 (Defense and lndemnity Agreement), 21 (Patent/Copyright lnfringement) and 24 (Confidentiality), are totally and fully part of this Agreement and have been mutually negotiated by the parties. wlrNESS WHEREOF, the parties have executed this Agreement this 2022. b f"aIN or5'e,,Pf, Professional Services Agreement Page 1 of21 ay Sign nato ry (Date A-, Lltn*.ra Print Name of S$natory Contractor Address: FISH Community Food Bank 804 Elmview Rd Ellensburg, WA 98926 Project Contact: Peggy Morache Executive Director Professional Services Agreement Page2 of 21 APPROVED BOARD OF COUNTY COMMISSIONERS HINGTON hairman ABSENT Commissioner rd as to Form Deputy P g Attorney Gounty's Address: Kittitas County 205 West Sth Avenue, Suite 108 Ellensburg, WA 98926 Project Contact: Jesse Cox Environmental Health Supervisor 1 GENERAL CONDITIONS Scooe of C ontractor's Services Contractor agrees to provide to the County services and any materials set forth in the project narrative identified in Exhibit "A" during the Agreement period. No material, labor, or facilities will be furnished by the County, unless othenruise provided for in the Agreement. 2. Performance of Work Contractor shall perform work in accordance with, and shall comply with, all of the provisions of this Agreement. All work shall comply with applicable codes and ordinances. 3. Schedule of Performance: Unless directed otherwise by the County, Contractor shall perform the work in accordance with any schedules made a part of this Agreement. 4. Definitions 4.1 4.2 4.3 "Additional lnsureds" means the County, its successors and assigns, and the respective directors, officers, employees, agents and representatives of the County and its successors and assigns. "Support" means the following. Contractor's directors, officers, employees, agents and representatives; and sub-Contractors of any tier; the respective directors, officers, employees, agents and representatives of these sub- Contractors of any tier; and any other person or entity acting under the direction or control of, or on behalf of, Contractor or any Contractor's sub- Contractors of any tier in connection with or incident to the performance of the Work or this Agreement. The "Work" means all of the duties listed in Exhibit A and the performance of all other obligations, under this Agreement by Contractor or its Support. 5. Accountino and Pavment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "8". Where Exhibit "B" requires payments by the County, payment shall be based upon billings, supported unless othenrvise provided in Exhibit "B", by documentation of units of work actually performed and amounts earned, including where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested. Unless specifically stated in Exhibit "8" or approved in writing in advance by the Kittitas County Board of Commissioners, the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in pedormance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, through the County voucher system, for the Contractor's service pursuant to the fee schedule set forth in Exhibit "8". Professional Services Agreement Page 3 of 21 6 ent and Subcontractin No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 7. lndependent Contra ctor: The Contractor's services shall be furnished bythe Contractor as an independent Contractor and nothing herein contained shall be construed to create a relationship of employer- employee or master-servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent Contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "8" and the Contractor is not entitled to any County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. Contractor will defend, indemnify and hold harmless the County, its Additional lnsureds, officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 8. No Guarantee of Emplovment The performance of all or part of this Agreement by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any sub-Contractor or any employee of any sub-Contractor by the County at the present time or in the future. 9. Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to make withholding for any taxes other than income taxes (i.e. Medicare). All compensation received by the Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. lt is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Professional Services Agreement Page 4 of 21 10. Requlations and Requirement This Agreement shall be subject to all laws, rules and regulations of the United States of America, and State of Washington, and political subdivisions of the State of Washington, and to any other provisions set forth herein or in the attached exhibits. 11. Riqht to Review: This contract is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluation by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for 6 years after contract termination, and shall make them available for such review, within Kittitas County, State of Washington, upon request. 12. Modifications: 12.1 Either parly may request changes in the Agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 12.2 The County may, at any time, by written notice thereof to Contractor ("Change Notice") makes changes in the Work within the general scope of this Agreement, including, but not limited to: (a) changes in, revisions to, substitutions for, additions to or deletions of any Work; (b) changes in schedule; and (c) acceleration, deceleration or suspension of performance of any Work. 12.3 lf any change in the Work causes an increase or decrease on Contractor's cost of, or the time required for, performance of the Work, an equitable adjustment in the compensation to Contractor and in the schedule for the performance of the Work shall be made to reflect such an increase or decrease. 12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Contractor must, within thirty (30) days after receipt of any Change Notice that does not set forth any acceptable adjustment, submit to the County a written statement setting forth any adjustment claimed. 12.5 lf any change results in a decrease in the Work performed, Contractor shall be entitled to compensation associated with changing the Work, such as Professional Services Agreement Page 5 of 21 revising design already completed, revising calculations already performed, and revising documents. 13. Termination for Default: lf the Contractor defaults by failing to perform any of the obligations of the Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. lf the Agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. lf a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 14. Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion that such termination is in the best interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actualwork performed at unit contract prices for completed items of work. ln the event of such termination, an equitable adjustment shall be made in the compensation payable to Contractor. An equitable adjustment in the contract price for paftially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. It is anticipated that the Kittitas County Health Network (KCHN) will receive designated funding to provide care coordination seryices, overlapping some of the services detailed in this agreement. lt is the intention of the parties to terminate this contract if KCHN receives such funds. lf KCHN funding is not eligible to cover all services in this agreement, necessary changes will be addressed in an amendment to ensure continuation of services. 15. Defense & lndemnity Aqreement Professional Services Agreement Page 6 of 21 The Contractor agrees to and shall defend, indemnify and hold harmless the County, its Additional lnsureds, appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its Additional lnsureds, its elected or appointed officials, agents, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its sub-Contractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its Additional lnsureds, appointed or elected officials, agents, or employees. lt is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 16. lndustrial lnsurance Waiver: With respect to the performance of this Agreement and as to claims against the County, its Additional lnsureds, officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 17. Venue and Choice of Law ln the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 18. Withholdinq Payment: ln the event the Contractor has failed to perform any obligation to be performed by the Contractor under this Agreement within the time set forth in this Agreement, then the County may, upon written notice, withhold all monies due and payable to Contractor, without penalty, until such failure to perform is cured or otherurise adjudicated. 19. Future Non-Allocation of Funds: lf sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies, 20. Contractor Commitments. Warra nties and Representations: The Contractor represents and warrants to the County as follows Professional Services Agreement PageT of 21 20.1 20.2 20,3 20.4 20.5 20.6 The Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. The Contractor has the authority to execute this Agreement, to make the representations and warranties set forth in it and to perform the obligations of the Contractor under this Agreement in accordance with its terms. This Agreement has been validly executed by an authorized representative of the Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. The Contractor has or will obtain prior to the commencement date such licenses, permits and other authorizations from federal, state and other governmental authorities, as are necessary for the performance of its obligations under this Agreement. The Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which will or may materially affect Contractor's ability to perform its obligations under this Agreement. The Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished or to be furnished by Contractor pursuant hereto or in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements of fact contained therein not misleading. 21. PatenUCopyriqht lnfrinqement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County; to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: 21 .1 Contractor shall be notified promptly in writing by County of any notice of such claim. 21.2 Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement is made, provided no reduction in performance or loss results to the County. 22. Disputes: Professional Services Agreement Page 8 of 21 22.1 General Differences between the Contractor and the County, arising under and by virtue of the Agreement Documents shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, instructions, and decisions of the Kittitas County Commissioners shall be final and conclusive. 22.2 Notice of Potential Claims The Contractor shall not be entitled to additional compensation which othenruise may be payable, or to extension of time for (1) any act or failure to act by the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additionaltime claimed to be additional. 22.3 Detailed Claim The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the completion of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or extension of time claimed to be due. 23. Ownership of ltems Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or sub-Contractors, in connection with performance of this Agreement shall be the sole and absolute propefty of the County. 24. Confidentiality: The Contractor, its employees, sub-Contractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceedings seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its Additional lnsureds, officials, agents or employees from all loss or Professional Services Agreement Page 9 of 21 expense, including, but not limited to settlements, judgments, setoffs, attorneys'fees and costs resulting from Contractor's breach of this provision. To the extent that any information obtained by the Contractor is required to be shared with or provided to others by the terms of the Statement of the Work, this provision is not breached by such acts. 25. Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, notice shall be given by the Contractor to the depadment head of the department for whom services are rendered, and to the Kittitas County Commissioners, 205 W 5th Ave, Suite '108, Ellensburg, WA 98926. Notice to the Contractor for all purposes under this Agreement shall be given to the address reflected on the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 26. Severabilitv: lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 27. Miscellaneous: 27.1 The County's failure or delay to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather the same shall be and remain in full force and effect. This Agreement embodies the entire Agreement between the County and Contractor, and supersedes any and all prior agreements, regarding the Work. No change, amendment or modification of any provisions of this Agreement shall be valid unless set forth in a written instrument signed by the party to be bound thereby. The rights and remedies of the County set forth in any provision of this Agreement are in addition to and do not in any way limit any other rights of remedies afforded to the County by any other provisions of this Agreement, by any of Contractor's Support or by law. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 27.2 27.4 28. Waiver: Professional Services Agreement Page 10 of21 27.3 Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 29. Survival: The provisions of paragraphs 7, 9, 11 , 13, 14, 15, 16, 17 , 18, 19, 20,21,22,23,24,28, 30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 30. Nondiscrimination 30.1 The County is an equal opportunity employer 30.2 Nondiscrimination in Emplovment ln the performance of this Agreement, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 30.3 Nondiscrimination in Services The Contractor will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, sexual orientation, marital status, age or the presence of any sensory, mental or physical handicap. 30.4 lf any assignment and/or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. The Contractor shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. Professional Services Agreement Page '11 of 21 31. Prevailinq Wage: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Department of Labor and lndustries. The schedule of prevailing wages rates for the locality or localities of the Work is determined by the lndustrial Statistician of the Department of Labor and lndustries. lt is the Contractor's responsibility to verify the applicable prevailing wage rate. lt is understood that the Contractor is responsible for obtaining and completing all required government forms and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and lndustries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. 32. Debarment Certification The Contractor certifies that it: 32.1 ls not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 32,2 Has not within a three-year period preceding the execution of this contract with Kittitas County, been convicted of or had a civiljudgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice. 32.3 ls not presently indicted for or othenruise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 32.2 of this section. 32.4 Has not within a three-year period preceding the preceding the execution of this contract with Kittitas County had one or more public transactions (Federal, State, or local) terminated for cause of default. 33. Background Checks: Contractor shall ensure that all employees and or volunteers meet background check requirements pursuant to RCW 43.43.830-840. 34: Vehicles Licenses and lnsurance:County will not provide vehicles for Contractor's use. Contractor shall ensure that all driver's performing any services under this contract Professional Services Agreement Page 12 of 21 hold a valid Washington State Driver's License and ensure that insurance requirements found in Exhibit C are met. 35. Federal Emerqencv Manaqement Aqencv: Service supporting non-congregate sheltering must meet the requirements of the Federal Emergency Management Agency (FEMA) and shall not extend beyond a 30- day duration per the Public Assistance Program and Policy Guide (Chapter 2: Vl.B.lO.b Sheltering). The County will be responsible for seeking necessary FEMA authorization and non-congregate sheltering extensions as required by law. Professional Services Agreement Page 13 of 21 EXHIBIT ''A'' SCOPE OF WORK ln addition to providing all material and labor, the Contractor shall perform the following services as detailed below: Service 1: Delivery of groceries to individuals under an isolation or quarantine order who are housed outside of their home. Groceries will be delivered once per week, for a total of two weeks unless extended by order of Kittitas County Public Health Department (KCPHD). Grocery amount and variety will be determined by Contractor through direct communication with the individual. . KCPHD will identify individuals, and provide name, contact information, and client number to Contractor daily. lf no new individuals have been identified, the Contractor will not be contacted o Contractor will contact individual, to determine: o Number of household members o Dietary needs o lf more frequent delivery is needed (more than once per week) due to individual health needs, Contractor will request approval in writing from KCPHD . Contractor will prepare grocery delivery packages based on individual need using food from Contractor food bank and pantry . Contractor will deliver groceries once per week, following safety procedures outlined below to limit any contact with recipient OR Service 2: Delivery of prepared meals to individuals under an isolation or quarantine order who are housed outside of their home. Meals will be delivered at least once per week, for a total of two weeks unless extended by order of KCPHD. Number of meals and variety will be determined by Contractor through direct communication with the individual.. KCPHD will identify individuals, and provide name contact information, and client number to Contractor daily. lf no new individuals have been identified, the Contractor will not be contacted . Contractor will contact individual, determine: o Number of household members o Dietary needs . Contractor will prepare meals at their designated facility Professional Services Agreement Page 14 of 21 a Contractor will deliver meals at least once per week, following safety procedures outlined below to limit any contact with recipient Services will be provided for a two-week period for each individual, unless otherwise authorized by KCPHD. Some individuals may require a combination of Service 1 and 2, in which case the Contractor must get written approval from County before providing both services to a single household. Cost for all grocery and-prepared meal delivery will be paid by the County. When individuals are no longer under isolation or quarantine orders, the services outlined above will no longer be eligible for reimbursement by the County. The Contractor may elect to continue services at cost to their organization. Safety procedures: Contractor will take all necessary steps to limit any contact with individuals receiving grocery or meal delivery. Steps will include:. Leaving delivery at a designated location, as determined by recipient's housing situation. Notifying recipient of delivery by phone from the delivery van or by a County designated process as determined by the location. Such a process will be communicated to the Contractor in advance.. Providing deliveries in disposable containers, with no collection of used containers Professional Services Agreement Page 15 of21 EXHIBIT ''8" COMPENSATION As full compensation for satisfactory performance of the work, the County shall pay Contractor compensation as follows. Contractor will invoice the County for costs related to grocery delivery, not to exceed $367.32 for each recipient for a two-week period: a a a a a a Cost per pound of food provided from FISH pantry and warehouse, per USDA designated value of $2.00 per pound, not to exceed $60.00 per grocery delivery. Total cost is estimated on average 30 pounds of food distribution. Staff time for packing grocery boxes will be compensated at the agreed upon rate of $16.1 0 per hour, not to exceed $16.10 per grocery delivery. Hourly rate is based upon average rate for FISH support staff. Staff time for delivery of grocery boxes will be compensated at the agreed upon rate of $18.98 per hour, not to exceed $37.96 for any one grocery delivery. Hourly rate is based upon average rate for FISH delivery drivers and estimated round trip drive time (2 hours) to furthest point in Kittitas County that may require delivery. Mileage at .575 cents per mile for travel from Contactor address at 804 Elmview Road, Ellensburg to recipient address and back, not to exceed $69.00 per grocery delivery. Not to exceed amount is based on estimated roundtrip mileage (120 miles) to furthest point in Kittitas County that may require delivery. Contractor will invoice the County for costs related to prepared meal delivery, not to exceed $1,376.60 for each recipient for a two-week period: Cost per meal provided, not to exceed $21.50 per individual per day or a total of $301.00 per two-week period: o Breakfast: $3.50o Lunch: $5.00o Dinner: $8.00o Snack: $3.00 Preparation time for prepared meals is not eligible as a separate reimbursable cost, as it is included in the total per meal cost. Staff time for delivery of meals will be compensated at the agreed upon rate of $18.98 per hour, not to exceed $37.96 for any one meal delivery. Hourly rate is based upon average rate for FISH delivery drivers and estimated round trip drive time (2 hours) to furthest point in Kittitas County that may require delivery. a Professional Services Agreement Page 16 of 21 a Mileage at .575 cents per mile for travel from Contactor address at 804 Elmview Road, Ellensburg to recipient address and back, not to exceed $69.00 per meal delivery. Not to exceed amount is based on estimated roundtrip mileage (120 miles) to furthest point in Kittitas County that may require delivery. Note: if multiple recipients are receiving services at the same location, Contractor shall bill for staff time and mileage accordingly, charging only single trip mileage and accounting for the staff time used to address multiple recipients at one-time rather than calculating staff and mileage per individual recipient receiving services. Reimbursement Proced u res a. Contractor shall submit lnvoices once a month, which may be emailed to Katie Odiaga, Kittitas County Public Health Department, katie. od iaga@co. kittitas.wa. us b. All invoices must include the Contract Number. c. All invoices must include breakdown of costs using the invoicing template found in Exhibit D d. All invoice corrections must be submitted no later than sixty (60) days after the last day of the month in which those operating expenses occurred, except at the end of the fiscal year, when all invoices and corrections must be submitted by the fifth (sth) working day of the month following the end of the fiscal year. e. The County agrees to make payment for eligible expenses as approved by the Auditor of Kittitas County with County warrants within thirty (30) working days following receipt of Contractor's claim for reimbursement; provided that no payment shall be made in the month during which expenses occurred unless otherwise approved by the County. Professional Services Agreement Page 17 of 21 The contractor shall secure and maintain in effect at.ail times during performance of thework such insurance as will protect contractor, it. support and tne-nooitional lnsuredsfrom all craims, rosse.s, h;rt -"Jrtr, riabilities,' jlirg". and expenses arising out ofpersonal injury (including death) or property oamage tnit may L;;iil;;; performance of$;rffi: or this ngteerienf urnlir'r"r ,rch perroimance is by contractor or any of its All insurance shallbe issued by comp-anies admitted to do business in the state ofwashington and have a rating bf A-, bl"r, vii"io"iter in the most recenily pubrishededition of Best's Reports 'nr"lt ot erwise app.r^J iv the county. rf an insurer is notadmitted' all insurance policies and proceduies ror Lsuing the insurance poricies mustcomply with chapter 4g. rs Rcw an d 2g4-1s wAC. The Contractor shall provide proof of insurance for: EX HIBIT'rcrr PROOF OF INSURANCE Coverag e limits not less than u $1,000,000 per occu rrence/g 2M aggregate X o a a Certificate Holder _Kittitas C ounty. The Certificate mus t name the Cou nty as additional insuredSixty(60) days written notice to the County of cancellation of the insurancepolicy X m Automobile Liability for owned, non-owned NS n (if ANY use of vehicle in performance )endorsement and a CA 9946 endorsement must be attached iftransported) X 'Co mPen sation Worke rs'Compensati on tn amounts required by law X , hired, and leased vehi cles (MCS 90'pollutants'are to be. Coverage limits not less than:. q1,000,000 combined single limit' Thirty (30) davs written no"tice toihe county of canceilationof the insuran-ce policy. Additionat Be Professional Services Agreement Page 18 of21 Coverage limits not less than:. $1,000,000 eactr acciOeni. $1,000,000 disease _ poircV fimit. $1,000,000 disease _ each employee' JflfJ 'fJJ,.ffiH:;:T t;il'i; the counrv or cance,ation Profes_s iona I Liab ilityThe contractot . and/o' its subcontractor and/o1-iJg consurtant providingg?:ffiT,l,J."ffff "ffii :# ":ylr" o ; ;;;"., i o n a r L i a b i r ity r n s u ra n ceminimum'limits: 'v' vr I vr o dr ru omlsslons' such policy must provioe i'tre following. 91,000,000 per ctaim. $-2.,000,000 annual aggregate' lf insurance is on a ctaiirs-made form, its retroactive -date, and that of ailru?::l.,:ilt renewals, sr,arr 'ti no raier-t"n-in" errective oate or this Pollution Liabilitv The Contractor shallclaims involving bodi p rovide a pollution L iabil ity poticy,providing cove rage forproperty that has not rnjury, p roperty damage luding loss of use of tangiblebeen phys ically injured), cleanu p costs, remediatio n, disposalor other handl rng of pollu tants, in cluding costs a nd expenses inc urred in the rnvestigati on, defense, or nt of claims arisi ng out of: settlemeContractor's operatio ns related to this project;and/or ly (inc o Re mediation, aba tement, repai sbestos; and/or r, maintenance or other work with lead_basedpaint or materials containing a. Transportation of hazardous materials away from any site related to this projectSuch pollution $per claim Liability po licy shall provide the following minimum coverage $annual aggregate a I P Da maThe Co ntractor shall provide afacilities rng minimum including bui ldings, equ coverage rpment, grounds, etc policy that covers dam Such age policy shall p to Kittitas Cou rovidethe follow nty a $per occurrence Xryall1,rovidecoVerageatleast.asbroadasspecifiedfor $Tl{5'l;rT:11""i,1?.h#ix,t*ff *iif'l,,r,andcoverthoseinsuredin. Amount required for this ngrlement, $S,000,000 Professional Services Agreementvage 19 of 21 F;J:::ffi:,'{+ij,3i:iJ:: "1",Hii,"r:;[5T:: ;t"ffi ffi ff:,f; nc ude,he p. cyAsreemen, "'"-,ir rrri roiJu"r,.,? 9,1".t c;;i#il nb,"ov *ril;,;i,.,Jir.,=:f?sj;T;;#", ,r1't ifiil*TJ#o-ther "' ;;:fu3di.; *lrJi ^,unas county ror:'flJli?**:i#,li,ilJfi #}iffft :ll:x',?fi"'-i*;:',?,[",^t?'ff ; Ji:,,'""J':?::"fii".,il:sTilTiJ,;,;:""iiill,::.:T#,,?il,i,,llfi?:_:_n",' any causemotor vehicres _owned ; '";t"J;;li""ffi?[??;?-j,",1,:":!,.r:^;l"ry, equipment, oro r c o n t ra cto is- a s we r r ", i ; ;;,:I,_J;ff xTi:l??": l*: riru*;.;;r_"n " * ; H;15fThe Contractor shall have sole rrlimits required are ootain;;6";,f:ffll:'j,j[ for ensurins the insurance coverase and NOTE: No contract shall fornlnsurance with End;*;;;",:il" until and unress a copy of the Gertificate ofrequired, i" "iia"rr"o rrl."i-o."oruXGlusions, properry "orji,j *o ,n the amount Failure of the a":il1:l"r t9 {uilv "oT?,n with the "bou_".il:urance requirements durino the term of the Ar tor immeii;ffiffi,'"#"1?:;Hl [e -conside,"J " il'JL,iar u,"".r., "i."Jnt,".t and causecountv '"v n'o.,,^1;l; .,'"y,tz,;::,?ils:;l,",fftpL'"1;;;:,:,1,,1ffi,iJ',?":ir:fi"extent deemed or ;f;::li*#,""?:?i.?,.l:Jt'ff"H:il1?,'ffi ;,,J ;?il:,.Sffi [:]., j[,:#?;'.,""n |l_t_".^r:" lr] S e rv i c es A g re e m e n tvage 20 of 21 BIT "Dtt See attached cost breakdown spreadsheet. Profes_sional Services AgreementPage21 of21