HomeMy WebLinkAboutFISH Out of Home Services AmendmentKittitas County
Review Form
Grants & Contract Agreement
Contract/G ra nt I nformation
Recommendation for ew on
verification the contracting Agency is not suspended/Disbarred:
Today's Date
02l0u2022 PA Camas Request #: 53575
Fund/Department
116-Public Health Agenda Date:shl ")T
Contract /Grant Agency: FISH Out of Home Services
Period Begin Date : O8/OL/202L Period End Date: Og/Ot/2022
Total Grant/Contract Amount: NTE 5367.32 for each recipient
G rant/Contract N u mber:
The follow amendment extends the end date of the PSA between Kittitas County and FISH Community
Food Bank to August I,2022. Through this PSA FISH provides 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.
Contract/Grant Su mmary:
Department Head ature:ZtLDirector Date
of Health Review and Comment:
Date
Signatu Au r's Office
/.\
Date
TO FORM:APPROVED
I j 1>.
Signatu re s Office
Kittitas County Prosecutor, Auditor, and
E Agency is not suspended/disbarred ! Not Checked (reason)
Grant/Contract Review Page 1
Financial lnformation
Bu lnformation
Pass Thro lnformation
Prosecutor Review
TotalAmount S State Funds S Federal Funds S
Percentage County Funds Matching Funds S CFDA#
ln-Kind S
tn
ls Equipment being purchased?Who owns equipment?
New Personnel bei hired?Contact HR hirin rti irementsre-re
Future impacts or liability to Kittitas County:
Budget Amendment Needed?
New Division Created?
Yes f] attach budget form No E why not
Revenue Code L16.672392354LOL
Agency to Pass Through
Amount to Pass Through Expense Code:
Sub-Contract Approved Date:
Has the Prosecutor reviewed this agreement?Yes No rljrf'
Co rtments lm
BOCC Approval Needed?
ent of Tracking lnformation
Auditor Facilities Maintenance
lnformation Services Human Resource
Prosecutor Treasurer
Yes fl Non
Staff Member Presenting:
Auditor's Office
Human Resource
Prosecutor's Office \3&
Who Signed the grant application
Reviewer Date
Grant/Contract Review Page 2
t Ors*
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
No. zozz- t7(t I
RESOLUTION TO APPROVE AMENDMENT TO PROF'ESSIONAL SERVICES
AGREEMENT BETWEEN KITTITAS COT]NTY AND FISH FOOD BANK
WHEREAS, Kittitas County and FISH Food Bank entered into a professional services contract
in August 2021; and
WHEREAS, the agreement was created with the ability to be renewed for additional periods
after the contract end date of February 1,2022; and
WHEREAS, the Kittitas County Health Network will not be able to provide grocery resources
for the full length of this contract period to individuals in COVID-19 isolation; and
WHEREAS, due to the continued high case rates of COVID-19 in Kittitas County, there is a
continued need to make isolation and quarantine meals available to food insecure
individuals isolating outside of their homes; and
WHEREAS, both parties desire to continue the agreement, with the following changes:
Contract end date to be extended to August l,2022,with an option for renewal by
amendment if agreed upon by both parties.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, authorizes execution of the contract amendment providing
for the updates incorporated herein by this reference.
DATED this lw day of 2022, at Ellensburg, Washington
APPROVED:
BOARD OF COLINTY COMMISSIONERS
, WASHINGTON
//
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I
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PROFESSIONAL SERVICES AGREEMENT AMENDMENT
This contract amendment is made by and between Kittitas County (hereinafter referred to
as "County") and FISH (hereinafter referred to as "Contractor"). The County and the Contractor
agree as follows:
WHEREAS, Kittitas County and Contractor entered into a professional services contract in
August 2021; and
WHEREAS, the agreement was created with the ability to be renewed for additional periods
after the contract end date of February I,2022; and
WHEREAS, the Kittitas County Health Network will not be able to provide grocery resources
for the full length of this contract period to individuals in COVID-l9 isolation; and
WHEREAS, due to the continued high case rates of COVID-I9 in Kittitas County, there is a
continued need to make isolation and quarantine meals available to food insecure
individuals isolating outside of their homes; and
WHEREAS, both parties desire to continue the agreement, with the following changes:
Contract end date to be extended to August l,2022,with an option for renewal by
amendment if agreed upon by both parties.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas
County, Washington, authorizes execution of the contract amendment providing
for the updates incorporated herein by this reference.
DATED this l r aav ot I f4/WA!,lr* ,2022,atEllensburg, washington.
APPROVED:
BOARD OF COLINTY COMMISSIONERS
KITTITAS COLINTY, WASHINGTON
Date
PrintName of Signatory
Professional Services Agreement Amendment
Vice-Chair
\\\tllllll ll,
T:
Contractor Address:
FISH Community Food
804 ElmviewRd
Ellensburg, WA 98926
Project Contact:
Peggy Morache
Executive Director
Suite 108
Ellensburg, WA 98926
Project Contact:
Chelsey Loeffers
Health Promotion Supervisor
Professional Services Agreement Amendment
GENERAL CONDITIONS
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 '4" during the Agreement period. No material, labor, or facilities
will be furnished by the County, unless othenrvise 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 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, emproyees,
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 ol 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.
4.2
4.3
5. Accountinq 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 "8", 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 "B" or approved in writing in
advance by the Kittitas Coun$ Board of Commissioners, the County will not reimburssthe
Contractor for any costs or expenses incurred by the Contractor in performance of this
Agreement.
\A/here 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 "B".
Professional Services Agreement
Page 3 of 21
6. Assiqnment and Subcontractinq:
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 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 "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, indemniff 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 Coung will not withhold Federal or
State income taxes. \Mtere 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 indemnifiT
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
Page4 of21
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 aftached exhibits.
11 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 party 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
i
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
Conven ience parag raph hereof.
14. Termination for lic 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.
\lt'henever 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. 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 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, 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 services, 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 & lndem nitv Aqreement:
Professional Services Agreement
Page 6 of 21
The Contractor agrees to and shall defend, indemnifiT 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 lns ce 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 lnsurance Act,
for injuries to its employees and agrees that the obligations to indemnifiT, 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:
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:
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, Warranties and Representations:
The Contractor represents and warrants to the County as follows
Professional Services Agreement
PageT of21
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 lnfrinsement:
Contractor will defend and indemniff 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
Coun$ 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
I
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
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 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 allcosts 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 property 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 indemniff 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. Notiee:
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 headof the department for whom services are rendered, and to the Kittitas County
Commissioners, 205 W Sth 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 invalidig 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.
27.2 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 this
Agreement shall be valid unless set forth in a written instrument signed by the
party to be bound thereby.
27.3 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.
27.4 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.
28. Waiver:
Professional Services Agreement
Page 10 of21
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, 1 9, 20, 21, 22, 23, 24, 28, gO,
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 Employment
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
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31. Prevailinq Waqe:
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:32J 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 civil judgment 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 paragraph32.2 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. Backqround 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
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hold a valid Washington State Driver's License and ensure that insurance requirements
found in Exhibit C are met.
35. Federal Emeroencv Manaqement Agencv:
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
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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.o 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
o Contractor will prepare grocery delivery packages based on individual need using
food from Contractor food bank and pantry
o 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.o KCPHD will identify individuals, and provide name contact information, and client
number to Contractor dai$. lf no new individuals have been identified, the
Contractor will not be contacted
o Contractor will contact individual, determine:
o Number of household members
o Dietary needs
o Contractor will prepare meals at their designated facility
Professional Services Agreement
Page 14 of 21
. 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. \A/hen 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:o Leaving delivery at a designated location, as determined by recipient's housing
situation. Notiffing 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.o Providing deliveries in disposable containers, with no collection of used containers
Professional Services Agreement
Page 15 of21
EXHIBIT ''El"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation as folbwd
Contractor will invoice the County for costs related to grocery delivery, not to exceed
$367.32 for each recipient for a two-week period:
o 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.o Staff time for packing grocery boxes will be compensated at the agreed upon rate
of $16.10 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 $6g.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 meat delivery, not to
exceed $1,376.60 for each recipient for a two-week period:
o 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.o 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 mealdelivery. 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.
Professional Services Agreement
Page 16 of21
. 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.
Reimbu rsement Proced ures
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 othenrvise approved by the'County.
Professional Services Agreement
Page 17 of21