HomeMy WebLinkAboutHope Source 10.15.2022-10.15.2023Kittitas County
Review Form
Grants &Contract Agreement
Today's Date
PA Camas Request #:04/06/2023
Fund/Department Agenda Date:116-Public Health
Contract/Grant Information
Contract /Grant Agency:Hopesource
Period Begin Date:10/15/2022 Period End Date:10/15/2023
Total Grant/Contract Amount:$150.00 per night
Grant/Contract Number:
Contract/Grant Summary:
•This PSA is to contract with HopeSource to coordinate housing in local hotels/motelsand basic
needs for individuals and families who are under isolation or quarantine orders due to COVID-
19 and are not able to safely remain at their residence or are currently experiencing
homelessness.
Recommendation for Board of Health Review on
Department Head Signature:,Director Date:
Kittitas County Prosecutor,Auditor,and Board of Health Review and Comment:
APPROVED AS TO FORM:
Signature of Prosecutor's Office Date
Signature of Auditor's Office Date
Verification the contracting Agency is not Suspended/Disbarred:
Agency is not suspended/disbarred O Not Checked (reason)
Grant/Contract Review Page 1
Financial Information
Total Amount State Funds $Federal Funds
Percentage County Funds Matching Funds $CFDA#
In-Kind $
Explain
Is Equipment being purchased?Who owns equipment?
New Personnel being hired?Contact HR hiring -reporting requirements
Future impacts or liability to Kittitas County:
Budget Information
Budget Amendment Yes attach budget form No why not
Needed?
New Division Created?
Expense Code:116.612.39.23.54101
Revenue Code:116.612.39.23.333.93.324
Pass Through Information
Agency to Pass Through
Amount to Pass Through $
Sub-contract Approved Date:
Prosecutor Review
Has the Prosecutor reviewed this agreement?Yes No
County Departments Impacted
Auditor Facilities Maintenance
Information Services Human Resource
Prosecutor Treasurer
BOCC Approval Needed?
Yes No
Staff Member Presenting:Chelsey Loeffers
Assignment of Tracking Information
Auditor's Office
Human Resource
Prosecutor's Office
Who Signed the grant
application
Grant/Contract Review Page 2
Reviewer Date
Grant/Contract Review Page 3
PROFESSIONALSERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and Contractor HopeSource (hereinafter "Contractor").The County and Contractor agree
as follows:
General Conditions;Exhibit A (Scope of Work);Exhibit B (Compensation);
Exhibit C (Proof of Insurance),Exhibit D (Schedule of Costs)
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 October 15,2022 and continue until
October 15,2023.This Agreement may be renewed for additional periods up one year upon
execution of an amendment for renewal by the parties.Any party may terminate thisAgreementbygivingthirty(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.Termination of this Agreement is
limited to the circumstances outlined in sections 13 and 14 below.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor),9 (Taxes),
15 (Defense and Indemnity Agreement),21 (Patent/Copyright Infringement)and 24
(Confidentiality),are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
IN WITNESS WHEREOF,the parties have executed this Agreement this day
of ,2023.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY,WASHINGTON
Signature of Signatory Chairman
(Date )
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Print Name of Signatory Vice-Chairman
Commissioner
Attest:
Clerk of the Board
Approved as to Form:
By:
Deputy Prosecuting Attorney
Contractor Address:County's Address:
HopeSource Kittitas County
700 E Mountain View Ave,Unit 501 205 West 5th Avenue,Suite 108
Ellensburg,WA 98926 Ellensburg,WA 98926
Project Contact:Project Contact:
Brittany Bouchouari Kate Johnson,BSN,RN
Director of Operations Communicable Disease Supervisor
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GENERALCONDITIONS
1.Scope of Contractor'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 otherwise 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 "Additional Insureds"means the County,its successors and assigns,and
the respective directors,officers,employees,agents and representatives of
the County and its successors and assigns.
4.2 "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.
4.3 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.Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth
in Exhibit "B".Where Exhibit "B"requires payments by the County,payment shall be based
upon billings,supported unless otherwise provided in Exhibit "B",by documentation of units
of work actually performed and amounts earned,including where appropriate,the actualnumberofdaysworkedeachmonth,total number of hours for the month,and the total dollarpaymentrequested.Unless specifically stated in Exhibit "B"or approved in writing inadvancebytheKittitasCountyBoardofCommissioners,the County will not reimburse theContractorforanycostsorexpensesincurredbytheContractorinperformanceofthisAgreement.
Where required,the County shall,upon receipt of appropriate documentation,compensate
the Contractor,no more often than monthly,through the County voucher system,for theContractor's service pursuant to the fee schedule set forth in Exhibit "B".
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6.Assignment and Subcontractinq:
No portion of this Agreement may be assigned or subcontracted to any other individual,firm
or entity withoutthe express and prior written approval of the County.
7.Independent Contractor:
The Contractor's services shall be furnished by the 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 "B"and Exhibit "D"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 Insureds,
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 Employment:
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 Internal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations.It 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 paytaxesoncompensationearnedpursuanttothisAgreement.
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:
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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.
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.Right to Review:
This contract is subject to review by any Federal or State auditor.The County or its designeeshallhavetherighttoreviewandmonitorthefinancialandservicecomponentsofthis
program by whatevermeans 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 deemspertinenttotheAgreementanditsperformance,and any and all communications with orevaluationbyservicerecipientsunderthisAgreement.The Contractor shall preserve and
maintain all financial records and records relating to the performance of work under thisAgreementfor6yearsaftercontracttermination,and shall make them available for such
review,within Kittitas County,State of Washington,upon request.
12.Modifications:
12.1 Either party may request changes in the Agreement.Any and all agreed
modifications shall be in writing,signed by each of the parties.
12.2 If 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 theperformanceoftheWorkshallbemadetoreflectsuchanincreaseor
decrease.
12.3 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.
12.4 If any change results in a decrease in the Work performed,Contractor shall
be entitled to compensation associated with changing the Work,such as
revising design already completed,revising calculations already performed,
and revising documents.
13.Termination for Default:
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If 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.If 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.
If 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 PublicConvenienceparagraphhereof.
14.Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the Countydetermines,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 actual work performed at unit contract prices for completed
items of work.In the event of such termination,an equitable adjustmentshall be made in
the compensation payable to Contractor.
An equitable adjustmentin the contract price for partially 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,whetherfor default or convenience,shall not constitute a breach of contract by theCounty.
14.A Termination for Contractor Convenience:
The Contractor may terminate the Agreement in whole or in part whenever the Contractordetermines,in its sole discretion that such termination is in the best interests of the
Contractor.Whenever the Agreement is terminated in accordance with this paragraph,theContractorshallbeentitledtopaymentforactualworkperformedatunitcontractpricesfor
completed items of work.In the event of such termination,an equitable adjustmentshall be
made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially 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 Contractor at any time during
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the term,whether for default or convenience,shall not constitute a breach of contract by the
Contractor.
15.Defense &Indemnity Agreement:
The Contractor agrees to and shall defend,indemnify and hold harmless the County,its
Additional Insureds,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
Insureds,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 negligence of the County,its
Additional Insureds,appointed or elected officials,agents,or employees.It is further
provided that no liability shall attach to the County by reason of entering into this contract,
except as expressly provided herein.
16.Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County,its
Additional Insureds,officers,agents and employees,the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington,the Industrial Insurance 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 thisAgreement.
17.Venue and Choice of Law:
In 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 or in any
neighboring County as is allowed by law.This Agreement shall be governed by the law of
the State of Washington.
18.Withholding Payment:
In 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 otherwise adjudicated.
19.Future Non-Allocation of Funds:
If 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
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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.In the event that funds are not
appropriated or allocated for payment under this Agreement the Contractor shall not be
required to reserve the three units described in the Scope of Work for the exclusive use of
the County.
20.Contractor Commitments,Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated,validly existing and in good standingunderthelawsoftheStateofWashingtonandhasallrequisitecorporatepowerandauthoritytoenterintoandtoperformitsobligationsunderthisAgreement.
20.2 The Contractor has the authority to execute this Agreement,to make therepresentationsandwarrantiessetforthinitandtoperformtheobligationsoftheContractorunderthisAgreementinaccordancewithits
terms.
20.3 This Agreementhas been validly executed by an authorizedrepresentativeoftheContractorandconstitutesavalidandlegally
binding and enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencementdate such
licenses,permits and other authorizations from federal,state and othergovernmentalauthorities,as are necessary for the performance of itsobligationsunderthisAgreement.
20.5 The Contractor is not in violation of any applicable law,ordinance,orregulationtheconsequenceofwhichwillormaymateriallyaffect
Contractor's ability to perform its obligationsunder this Agreement.TheContractorisnotsubjecttoanyorderorjudgmentofanycourt,tribunal orgovernmentalagencywhichmateriallyandadverselyaffectsitsoperationsorassetsintheStateofWashington,or its ability to perform
its obligationsunder this Agreement.
20.6 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 obligationscontemplated under this Agreement,
contains or will contain any untrue statementof a material fact or omits or
will omit to state a material fact necessary to make the statementsof fact
contained therein not misleading.
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21.Disputes:
21.1 General
Differences between the Contractor and the County,arising under and byvirtueoftheAgreementDocumentsshallbebroughttotheattentionofthe
County and the Contractor 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 andwithinthetimelimitsstated,the records,orders,instructions,and decisions of
the Kittitas County Commissioners shall be final and conclusive.
21.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise 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 eventgiving 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.Contractorshallkeepfullandcompletedailyrecordsoftheworkperformed,labor and
material used,and all costs and additional time claimed to be additional.
21.3.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 detailedwrittenstatementofeachelementofcostorothercompensationrequested
and of all elements of additional time required,and copies of any supportingdocumentsevidencingtheamountorextensionoftimeclaimedtobedue.
22.Ownership of Items Produced:
All writings,programs,data,public records or other materials prepared by the Contractorand/or its consultants or sub-Contractors,in connection with performance of this Agreement
shall be the sole and absolute property of the Contractor.
23.Confidentiality:
The Contractor,its employees,sub-Contractors,and their employees shall maintain theconfidentialityofallclients,resident or medical information provided by the County oracquiredbytheContractorinperformanceofthisAgreement,except upon the prior writtenconsentoftheKittitasCountyProsecutingAttorneyoranorderenteredbyacourtafter
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having acquired jurisdiction over the County.Contractor shall immediately give to theCountynoticeofanyjudicialproceedingsseekingdisclosureofsuchinformation.Contractor
shall indemnify and hold harmless the County,its Additional Insureds,officials,agents or
employees from all loss or 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.
24.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 department 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 thesignaturepage.Notice may be given by delivery or by depositing in the U.S.Mail,first class,
postage prepaid.
25.Severability:
If any term or condition of this Agreement or the application thereof to any person(s)orcircumstancesisheldinvalid,such invalidity shall not affect other terms,conditions orapplicationswhichcanbegiveneffectwithouttheinvalidterm,condition,or application.To
this end,the terms and conditions of this Agreement are declared severable.
26.Miscellaneous:
26.1 Either party'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 thisAgreementshallnotbeconstruedasawaiverorrelinquishmenttoanyextent
of either party's 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.
26.2 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 thisAgreementshallbevalidunlesssetforthinawritteninstrumentsignedbythe
party to be bound thereby.
26.3 The rights and remedies of both parties set forth in any provision of thisAgreementareinadditiontoanddonotinanywaylimitanyotherrightsof
remedies afforded to the County by any other provisions of this Agreement,
or by law.
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26.4 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.Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiverof 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.
28.Survival:
The provisions of paragraphs 7,9,11,13,14,15,16,17,18,19,20,21,22,23,27,29,30,
and 31 shall survive,notwithstandingthe termination or invalidity of this Agreement for any
reason.
29.Nondiscrimination:
29.1 The County is an equal opportunity employer.
29.2 Nondiscrimination in Employment
In the performance of this Agreement,the Contractor will not
discriminate against any employee or applicant for employment on thegroundsofrace,creed,color,national origin,sex,sexual orientation,marital status,age or the presence of any sensory,mental orphysicalhandicap;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,andthatemployeesaretreatedduringemploymentwithoutdiscrimination
because of their race,creed,color,national origin,sex,sexual orientation,
marital status,age,or the presence of any sensory,mentalor 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,andprogramsfortrainingincludingapprenticeships.The Contractor shall takesuchactionwithrespecttothisAgreementasmayberequiredtoensurefullcompliancewithlocal,state and federal laws prohibiting discrimination
in employment.
29.3 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,
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color,national origin,sex,sexual orientation,marital status,age or the
presence of any sensory,mental or physical handicap.
29.4 If any assignmentand/or subcontracting has been authorized by the
County,said assignmentor subcontract shall include appropriate
safeguards against discrimination.The Contractor shall take such
action as may be required to ensure full compliance with theprovisionsintheimmediatelyprecedingparagraphsherein.
30.Debarment Certification:
The Contractor certifies that it:
31.1 Is not presently debarred,suspended,proposed for debarment,declared
ineligible or voluntarily excluded from covered transactions by any Federaldepartmentoragency.
31.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County,been convicted of or had a civil judgment renderedagainstthemforcommissionoffraudoracriminaloffenseinconnection
with obtaining,attempting to obtain,or performing a public or privateagreementortransaction,violation of Federal or State antitrust statutesorcommissionofembezzlement,theft,forgery,bribery,falsification ordestructionofrecords,making false statements,tax evasion,receivingstolenproperty,making false claims,or obstruction of justice.
31.3 Is not presently indicted for or otherwise criminally or civilly charged by agovernmentalentity(Federal,State,or local)with commission of any of
the offenses enumerated in paragraph 32.2 of this section.
31.4 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)terminatedfor cause of default.
31.Restoration of Premises:
Upon terminationof this occupancy agreement,Contractor agrees that the equipmentinstalledbytheCountyshallbeandremainthepropertyoftheCounty,and County shallremovesuchpropertywhenvacatingthepremises.County shall restore the Occupied
Space,to the condition as originally received by the County and existing prior to theinstallationofanyoftheCounty's property,including,without limitation,restoration and
repair of all surfaces,floors,walls,ceilings,including restoring damaged floor tile andpatchingandrepaintingdamagedwallsurfacestomatchadjacentexistingsurfaces,
and including restoration and repair of all furnishings,fixtures and equipment.Countyshallcleanthepremisesperthethencurrenthealthandsafetyprotocolsestablishedbypublichealthofficialsduringthetermandimmediatelypriortovacatingthepremises.
32.No Tenancy,Relief from Eviction Laws:
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In no event will this Agreementbe deemed or construed to run with the land or createanytenancyorotherpermanentpossessoryrightsonthepartoftheCountyorits
invitees.This Agreement does not create any recordable interest and will not be
recorded in any land records.No tenancy and/or eviction laws,regulations,rules,
requirements,processes and proceedings ("Eviction Laws")shall be applicable with
respect to the use of the Property by the County and its invitees hereunder.The CountyshallwaivetheapplicabilityofallEvictionLawswithrespecttothePropertyandensurethatanyandallotherapplicablegovernmententities,agencies,instrumentalities,
subdivisions or other bodies of any regional,local or other governmentswaive any suchEvictionLaws.In the event any individual is claiming tenancy rights,then the County,at
the County's sole cost and expense,shall take all such necessary actions to remove
such individual from the premises prior to expiration or termination of the individualsshelteroccupancyAgreement.
33.Federal Emerqency ManagementAgency:
Non-congregate sheltering must meet the requirements of the Federal EmergencyManagementAgency(FEMA).After the initial 12-month period outlined in Exhibit A
"Scope of Work",any paid services shall not extend beyond a 30-day duration per the
Public Assistance Program and Policy Guide (Chapter 2:VI.B.lO.b Sheltering).The
County will be responsible for seeking necessary FEMA authorization and non-
congregate sheltering extensionsas required by law.
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EXHIBIT "A"
SCOPE OF WORK
In addition to providing all material and labor,the Contractor shall pedorm the followingservicesasdetailedbelow:
Contractor Responsibilities
1.Contractor will arrange for isolation housing for individuals confirmed by KCPHD
to be under isolation or quarantine housing due to COVID-19 within a Kittitas
County motel or hotel.
2.Contractor shall provide designated staff who will be responsible for the
following:
a.provide twice weekly check ins of each housed individual
b.coordinate the provision of meals and other necessary basic needs
services for individuals housed with entities authorized by KCPHD
c.respond to questions from guests,county,and contracted service
providers
d.maintain list of unit occupancy
3.Contractor will provide an after-hours housing process to place individuals in
units if needed outside of regular business hours.
4.County staff shall provide direct referrals to Contractor for room occupancy.
Referrals for placement may also be made by Kittitas Valley Healthcare and the
Washington State Department of Children,Youth,and Families if during non-
business hours.All business hours placements will be allowed only through
KCPHD.
5.Contractor will ensure that hotellmotelplacement site employeeswill not enter
units while in use except in the event of an emergency.
6.Contractor will ensure that the hotellmotelplacement site provides both a
refrigerator and microwave inside the guest's unit for safe storage and heating ofpreparedmeals.
7.Contractor will ensure that the hotellmotelplacement provides guests with three
sets of towels per unit per guest once per week.
8.Contractor will ensure that the hotellmotelplacement site provides guests with
two sets of bed linens per unit per bed once per week.
9.Contractor will ensure that the hotel/motel placement site provides guestswithtoiletpaper,tissues,and soap for units as needed once per week.
10.Contractor will ensure that the hotellmotelplacement site will allow service
animals in designated units as allowed or required pursuant to RCW 70.84.021.
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11.Contractor will ensure that the hotellmotelplacement site collects soiled towels
and linens as needed and replace with cleaned sets once per week or as may be
needed.Towels and linens will be placed in garbage bags provided by the
Contractor and placed outside of the room by the occupant to prevent any
contact with staff.Contractor is responsible for ensuring that staff wears
appropriate personal protective equipment (PPE).
12.Contractor will ensure that the hotellmotelplacement site will be responsible for
weekly collection and disposal of garbage which has been placed outside of the
room by the resident to prevent any contact with staff.Contractor will ensure that
the hotellmotelplacement site ensures that staff wears appropriate PPE.
13.Contractor will coordinate with hotellmotelplacement site and County contracted
cleaning service at the end of a guest's stay to facilitate professional
decontamination.
14.If requested,the Contractor will coordinate allowingCounty staff to perform a
walk-throughof rooms with the Contractor before and after to determine any
damage costs,detailed in Exhibit D "Schedule of Costs."Any pre-existing
damages will be documented and will be excluded from reimbursement by the
County at the end of occupancy.
County Responsibilities
1.County shall provide professional decontamination of each occupied room
between each occupant and at the conclusion of contracted services.
2.County shall provide PPE as needed to hotellmotelplacement site if notified by
Contract for collection and processing of garbage,towels,and linens.
3.County agrees to deliver rooms in their original state at the end of the use period.
4.County is responsible for any damages (excluding regular wear and tear)and
missing items up to $5,000 per unit during the use period.Missing or damaged
item replacement cost will be based upon the attached schedule of costs detailed
in Exhibit D,"Schedule of Costs."
5.County occupants per this contract will not be able to use common areas of the
hotel or motel which includes the laundry room and will be instructed to remain in
their designated units unless absolutely necessary due to a health and/or safety
issue.Contractor will contact County regarding enforcement concerns.County
will assess the situation and alert the Kittitas County Sheriff's Department if the
individual continues to defy the isolation requirements despite a verbal reminder.
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EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work,the County shall payContractorcompensationasfollows.
.The County agrees to pay at a rate of no more than $150 per night for individuals
housed at a local motel or hotel.Exact rate will be determined based on final
location.
•The County will provide a security deposit of $1500,which is already in the
possession of the Contractor at the time of this agreement.Deposit will be
returned at the end of the12-monthperiod;amount returned will be contingent on
any damages to unit or unit furnishings.Damages (excluding normal wear and
tear)or missing items shall be deducted from the deposit according to Exhibit "D"
Schedule of Costs.
•If the County determines there is need for an extensionof the unit use after the
12-month period,the Contractor will retain the security deposit until the end of
the extended use period.
ReimbursementProcedures
•Contractor shall submit invoices twice per month for billing periods of the 1st
through 15th and 16th through the 3161.Invoices may be emailed to Katie Odiaga
at Kittitas County Public Health,katie.odiaga@co.kittitas.wa.us.
•All invoices must include the Contract Number and a detailed breakdown of all
costs.
•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 (5th)WOrking day of the month following the end of the fiscal year.
•The County agrees to make payment for eligible expensesas 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 expensesoccurred unless
otherwise approved by the County.
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Hopesource
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EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of theWorksuchinsuranceaswillprotectContractor,its Support and the Additional Insuredsfromallclaims,losses,harm,costs,liabilities,damages and expenses arising out ofpersonalinjury(including death)or property damage that may result from performance of
the work or this Agreement,whether such performance is by Contractor or any of itsSupport.
All insurance shall be issued by companies admitted to do business in the State ofWashingtonandhavearatingofA-,Class Vil or better in the most recently published
edition of Best's Reports unless otherwise approved by the County.If an insurer is notadmitted,all insurance policies and procedures for issuing the insurance policies mustcomplywithChapter48.15 RCW and 284-15 WAC.
Contractor shall furnish the County a Certificate of Insurance to include the PolicyEndorsements/Exclusionsas evidence that policies providing insurance required by thisAgreementareinfullforceandeffect.Contractor hereby waives all rights of recourse,including any right to which another may be subrogated,against Kittitas County forpersonalinjury,including death,and property damage.Contractor's insurance policies
required above shall be primary insurance and shall be non-contributing with anyotherinsurancemaintainedbyKittitasCounty.
The Contractor shall provide proof of insurance for:
Commercial General Liability Insurance
Coverage limits not less than:
•$2,000,000 per occurrence/$4,000,000 aggregate
•Certificate Holder --Kittitas County
•The Certificate must name Kittitas County as additional insured (which shall
include The County,its Board,officers,agents and employees)
•Sixty (60)days written notice to the County of cancellation of the insurance
policy
Commercial AutomobileLiability insurance (if ANY use of vehicle in performance)AutomobileLiability for owned,non-owned,hired,and leased vehicles (MCS 90endorsementandaCA9946endorsementmustbeattachedif'pollutants'are to
be transported)
•Coverage limits not less than:
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Hopesource
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·$1,000,000 combined single limit
•Thirty (30)days written notice to the County of cancellation
of the insurance policy.
Additional Covera.e May Be Re.uired:
Workers'Compensation
Workers'Compensation in amounts required by law
Stop Gap/Employers Liability
Coverage limits not less than:
•$1,000,000 each accident
•$1,000,000 disease -policy limit
•$1,000,000 disease -each employee
•Thirty (30)days written notice to the County of cancellation
of the insurance policy.
Professional Liability
The Contractor and/or its Sub-Contractor and/or its consultant providingprofessionalservicesshallprovideevidenceofProfessionalLiabilityInsurance
covering professional errors and omissions.Such policy must provide the following
minimum limits:
•$1,000,000 per claim
•$2,000,000 annual aggregate
•If insurance is on a claims-made form,its retroactive date,and that of allsubsequentrenewals,shall be no later than the effective date of this
Agreement.
O Pollution Liability
The Contractor shall provide a Pollution Liability policy,providing coverage for
claims involving bodily injury,property damage (including loss of use of tangible
property that has not been physically injured),cleanup costs,remediation,disposal
or other handling of pollutants,including costs and expenses incurred in the
investigation,defense,or settlementof claims arising out of:
.Contractor's operations related to this project;and/or
•Remediation,abatement,repair,maintenance or other work with lead-based
paint or materials containing asbestos;and/or
•Transportationof hazardous materials away from any site related to this project
Such Pollution Liability policy shall provide the following minimum coverage:
•$per claim
•$annual aggregate
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Hopesource
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Property Damage
The Contractor shall provide a policy that covers damage to Kittitas County
facilities,including buildings,equipment,grounds,etc.Such policy shall provide
the following minimum coverage:
•$per occurrence
Umbrella Coverage
Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL,Auto,Employer's Liability)and cover those insured in
the underlying policies,including additionalinsured.
•Amount required for this Agreement:$5,000,000
The Contractor shall assume full responsibility for all loss or damage from any causewhatsoevertoanytools,Contractor's employee-owned tools,machinery,equipment,or
motor vehicles owned or rented by the Contractor,or the Contractor's agents,suppliers
or Contractors as well as to any temporary structures,scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE:No contract shall form until and unless a copy of the Certificate ofInsurancewithEndorsements/Exclusions,properly completed and in the amountrequired,is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreementshall be considered a material breach of contract and cause
for immediate termination of the Agreement at the County's discretion.Alternatively,the
County may procure and maintain,at the Contractor's sole expense,insurance to the
extent deemed proper up to the amount of the required coverage(s).The County may
offset the cost of such insurance against payment due to the Contractor under this
Agreement.
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Hopesource
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EXHIBIT "D"
Schedule of Costs
Damages or missing items shall be compensated for as follows:
ITEM VALUE
Televisionwith remote $875.00
Phone $75.00
Desk Lamp $95.00
Refrigerator $195.00
Microwave $105.00
Ironing Board $45.00
Iron $48.00
Lamp $110.00
Luggage Rack $45.00
AM/FM Clock Radio $105.00
Headboard $255.00
Desk $565.00
Desk Chair $195.00
Night Stand $215.00
Dining Table $450.00
Dining chair $125.00
Mattress $725.00
Bed Frame $125.00
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