Snohomish County Human Services Department Interlocal Agreement for Low Income Household Water AssistanceLIP
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CONTRACT ROUTING FORM
N o. 20221010
(City Clerk Use Only)
Z
Originator:
Administrative Services
lRouted by:
O
Department/Division:
Administrative Services
Date:
10/10/2022
IL
Name of Consultant/Contractor:
Snohomish County Human Services Department
wCONTRACT
Interlocal Agreement for Low Income Household Water Assistance
TITLE:
G
Type of Contract: ®
(GR) Grants
Q
(1) Intergovernmental Agreement
® (L) Lease Agreement
Z
Z
(S) Purchase of Services
0
(W) Public Works
a(0) Other
W
� Project/Bid/RFP No:
Z
C) _Effective Date:
10/10/2022
H
Has the original contract boilerplate language been modified?
If yes, specify which sections have been modified:
pDescription
V I of Services:
Total Amount of Contract:
Date: 09/30/2023
Amount: Amount:
y Budget # Budget #
J_
Q Amount: Amount:
w Budget # Budget #
C
QBudget # Amount: Budget # Amount:
V
QAre there sufficient funds in the current budget to cover this contract? Yes No
Z Remarks:
Authorization Level:
w
❑ 1. Project Manager
Q ❑ 2. Risk Management/Budget
Z ❑ 3. City Attorney
2 ❑ 4. Consultant/Contractor
e7 ❑ 5.Other
❑ 6. City Council Approval
❑ Date (if applicable)
❑ 7. Mayor
❑ 8. City Clerk
SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT
3000 Rockefeller Avenue, MIS 305, Everett. WA 98201
(425)388-7200
WATER AND WASTEWATER CONTRACTOR AGREEMENT
Name and Address of Water and
Wastewater Services Contractor:
City of Edmonds
121 5t' Ave N
Edmonds, WA 98020
VA-WS-22-30-11
Contact Person Name, Phone Number, Email:
Dave Turley
Administrative Services Director
Dave.Turley&edmondswa. oo
425-275-4688 x1293
THE WATER AND WASTEWATER SERVICES CONTRACTOR AND COUNTY
HEREBY ACKNOWLEGE AND AGREE TO THE TERMS OF THIS AGREEMENT.
SIGNATURES FOR BOTH PARTIES ARE REQUIRED. BY SIGNING, THE
CONTRACTOR IS CERTIFYING THAT THE CONTRACTOR IS NOT DEBARRED,
SUSPENDED, OR OTHERWISE EXCLUDED FROM PARTICIPATING IN
FEDERALLY FUNDED PROGRAMS.
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 1 of 9
Low Income Household Water Assistance
Contractor Agreement
Purpose
This Agreement ("Agreement") shall govern the purchase of water services from the
Contractor on behalf of households eligible for the Low -Income Household Water
Assistance Program (LIHWAP). Federal funds awarded under this Agreement shall be
used as part of an overall emergency effort to prevent, prepare for, and respond to the
COVID-19 pandemic, with the public health focus of ensuring that low-income
households have access to drinking water and wastewater services. The funds will be
used to cover and/or reduce arrearages, rates, and fees associated with reconnection
or prevention of disconnection of service, and rate reduction to eligible households for
such services. This Agreement is a contract between the County and Contractor for the
provision of water bill payments to assist low-income households with water and
wastewater reconnection and ongoing services.
The parties acknowledge that this Agreement and the services provided by the
Contractor are governed by and subject to the federal and state laws and regulations
and in accordance with the Low -Income Household Water Assistance Program.
II. Term of Agreement
This Agreement shall be in effect from the date a completed, signed, and dated
Agreement is received by the County and will remain in effect until September 30, 2023.
The Agreement shall not bind, nor purport to bind, the County for any commitment in
excess of the original Agreement period.
III. Modifications of Agreement
Any and all modifications to this Agreement shall be in writing and agreed upon by both
parties, and executed with the same formalities as are required for execution of this
Agreement.
IV. Termination of Agreement
This Agreement will terminate effective immediately upon determination by the County
that the Contractor is in material breach of this Agreement and written notice of the
same to the Contractor.
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 2 of 9
Either the County or the Contractor may terminate this Agreement with or without cause
and without cost by giving the other party at least 60 calendar days written notice.
Termination by either party shall not discharge any obligation owed by either party on
behalf of the household that has been awarded the benefit.
V. County Responsibilities
The County will:
A. Provide outreach activities in an equitable manner to ensure notification of program
is given to the potentially eligible households.
B. Screen for low-income households —particularly those with the lowest incomes —that
pay a high proportion of household income for drinking water and wastewater
services.
C. Based on established criteria, determine household eligibility for LIHWAP based on
the Washington Grantee Plan.
D. Accept referrals for LIHWAP benefits by the Contractor by email, phone or through
an online application portal.
E. Provide authorization for approval and services.
F. Review invoice(s) submitted by the Contractor. The COUNTY may request
additional documentation and/or clarification of charges as needed. County may not
pay Contractor without all required and requested documentation/clarification of
charges.
G. Provide payment to the Contractor after receipt of proper invoices, and any
additional required documentation or clarification, for services rendered pursuant to
this Agreement, upon full compliance by the Contractor with the terms herein.
H. Payment Set up: To be handled through fiscal department where a pay list and
checks are sent for an individual or in a batch for households.
I. Comply with all relevant state and federal laws and regulations in its implementation
of the LIHWAP. The County shall provide notice of any changes or amendments to
policies or guidelines for the LIHWAP. Such notice may be distributed by email.
J. The County will collect and retain the following program data indicators from the
Households. BELOW ARE EXAMPLES OF THE MINIMUM DATA INDICATORS
FROM THE TERMS AND CONDITIONS:
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 3 of 9
1. Track the number and income levels of households assisted by this award;
2. Collect the number of households that received such assistance and include one
or more individuals who are 60 years or older, include a household member with
a disability, or include young children (ages 5 and younger);
3. Gather administrative information regarding local providers (if applicable),
agreements with water utilities, recommendations, accomplishments, unmet
needs, and lessons learned; and
4. Plan and prioritize funds for households in communities throughout their
jurisdiction with the exception of households within tribal jurisdictions for which
OCS has reserved a portion of LIHWAP funds.
VI. Contractor Responsibilities
The Contractor shall:
A. Provide the COUNTY with the IRS W-9 form (Request for Taxpayer Identification
Number and Certification) that shows the Employer Identification Number
document or other proof of the Contractor's tax identification number.
B. Provide the COUNTY with at least one designated contact person who shall be
available to respond by telephone and electronic mail to all reasonable inquiries
regarding LIHWAP household accounts, including but not limited to bills,
payments, and services.
C. Notify the COUNTY immediately when the tax identification number is changed.
A new W-9 form will be completed and returned to the COUNTY.
D. Notify the COUNTY within 10 days when the name of the company, ownership of
the company, contact person, contact/billing information, services to be provided,
or service coverage area changes.
E. Notify the COUNTY if the business owner or other key employee is employed by
the COUNTY as well as if a member of his/her immediate family is employed by
the COUNTY. ("Immediate family" means either a spouse or any other person
who resides in the same household as the owner and who is a dependent of the
owner.) [Applies to privately owned Water Companies]
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 4 of 9
F. Not serve as the Contractor for a household in which s/he is a current recipient of
assistance from the LIHWAP. (For these purposes, current will be defined as
during the present federal fiscal year.) [Applies to privately owned Water
Companies]
G. Not serve as the Contractor for a dwelling/property that s/he owns. [Applies to
privately owned Water Companies]
VII. FinancialInformation/Billing
The Contractor shall:
A. Provide water and/or wastewater services to each eligible and approved
residential household for which payment is provided under LIHWAP.
B. Charge LIHWAP households using the Contractor's normal billing process.
C. Restore water services for eligible household upon payment by COUNTY.
D. After receiving LIHWAP payment for restoration of water services, maintain
services for at least 30 days.
E. Charge all LIHWAP eligible households the same price charged for home
drinking water and/or wastewater services billed to non -eligible households, as
determined by the approved rate setting process.
F. Not apply LIHWAP payments to account balances that have previously been
written off or paid with other funds.
G. Not apply LIHWAP payments to commercial accounts. Contractor may only use
LIHWAP payments for residential accounts.
H. Not discriminate against a LIHWAP eligible household with respect to terms,
deferred payment plans, credit, conditions of sale, or discounts offered to other
customers.
I. Post all payments to customer accounts within three to five business days of
Contractor receipt of funds. Note: LIHWAP payments may be used to pay past
due and/or outstanding balances for customers whose accounts are currently
open/active, and the household is approved for LIHWAP assistance.
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 5 of 9
J. Clearly enter on LIHWAP households' bill, the amount of LIHWAP payment(s)
received in a manner that identifies the LIHWAP payment as received from the
COUNTY.
K. Provide a statement to LIHWAP households clearly indicating the cost of home
drinking water and/or wastewater services provided.
L. Continually maintain accurate records of LIHWAP credit balances and annually
reconcile accounts. Credit balances must be refunded to the COUNTY, in
compliance with LIHWAP Contractor Refund Policies, no later than 45 days
following the end of the program year, September 30, 2023.
M. Not exchange an eligible household's credit authorization for cash or give any
cash equivalent to an eligible household for excess credit.
N. Cooperate with any Federal, State, or local investigation, audit, or program
review. The Contractor shall allow COUNTY representatives access to all books
and records relating to LIHWAP households for the purpose of compliance
verification with this Agreement.
O. Understand that failure to cooperate with any Federal, State, or local
investigation, audit, or program review may result in the immediate
disqualification from participation in the LIHWAP.
P. Take corrective action in the timeframe specified by the COUNTY upon COUNTY
notice. Corrective action may include, but is not limited to, providing detailed
documentation of changes made and detailed plans for future changes that will
bring the Contractor into compliance by the date specified by COUNTY. Failure
to take corrective action may result in the termination of this Agreement and
disqualification from participation in the LIHWAP program.
Vill. Data Collection
The Contractor shall provide to the County: within a timeframe specified by the
COUNTY and in the format requested by the COUNTY. The Contractor shall provide
the data to the COUNTY (or an authorized agent for the COUNTY) for the purposes of
verification, research, evaluation, analysis, and reporting, as authorized in an eligible
household's signed LIHWAP application.
A. The Contractor shall provide to the County, at no cost to the COUNTY or the
household, the data requested below:
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 6 of 9
1. Written information to the County on an applicant household's home drinking
water and/or wastewater costs, bill payment history, and/or arrearage history for
no more than the previous 12 monthly billing periods even when it may be from a
prior occupant household.
2. The itemized amount, cost, and type of water assistance and services provided
for households approved for assistance under this award.
3. The type of water assistance used by household, i.e., drinking water and
wastewater.
4. The impact of each grantee's LIHWAP program on recipient and eligible
households (e.g., amount of assistance to each household, and whether
assistance restored water service or prevented shutoff).
5. The Contractor shall also notify the County of any household situation that
threatens life, health, or safety.
IX. Joint Duties
The Contractor and the County agree to meet with designated staff either in person or
virtually when a schedule is agreed -upon to review any recommendations,
accomplishments, unmet needs, and lessons learned.
X. General Conditions
A. AUTHORITIES: Nothing herein shall be construed as authority for either party to
make commitments that will bind the other party beyond the scope of services
contained herein.
B. DISCRIMINATION: The Contractor shall not discriminate against any household
because of race, religion, color, sex, national origin, age, disability, political beliefs,
sexual orientation, gender identity, or any other basis prohibited by federal or state
law relating to discrimination.
C. CONFIDENTIALITY: The Contractor and the COUNTY agree that any information
and data obtained as to personal facts and circumstances related to households
shall be collected and held confidential, during and following the term of this
Agreement, and shall not be disclosed without the individual's and COUNTY's
written consent and only in accordance with federal or state law. Water Company
providers who utilize, access, or store personally identifiable information as part of
the performance of this Agreement are required to safeguard this information and
immediately notify the COUNTY of any breach or suspected breach in the security of
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 7 of 9
such information. The Contractor shall allow the COUNTY to both participate in the
investigation of incidents and exercise control over decisions regarding external
reporting.
D. SUBCONTRACTS: The Contractor shall obtain permission from the COUNTY prior
to subcontracting any portion of the work under this Agreement. The Contractor shall
furnish the COUNTY the names, qualifications, and experience of their proposed
subcontractors. The Contractor shall, however, remain fully liable and responsible
for the work to be done by its subcontractor(s) and shall assure compliance with all
requirements of the Agreement.
E. FRAUD: The Contractor will be permanently disqualified from participating in the
LIHWAP upon the first finding of LIHWAP fraud. Fraud includes, but is not limited to,
intentionally providing false information to the COUNTY or knowingly allowing others
to do so; intentional failure to notify the COUNTY of a change in circumstances that
affects payments received by the Contractor; intentionally accepting payments that
the Contractor knows, or by reasonable diligence would know, the Contractor is not
entitled to by virtue of an overpayment or otherwise; or intentionally making a claim
for a payment to which the Contractor is not entitled pursuant to the terms of this
Agreement and all applicable rules, regulations, laws and statutes. Repayment must
be made unless contrary to a court order.
F. NON -FRAUD OVERPAYMENTS: In the event that Contractor receives an
overpayment that is not the result of intent to defraud, the Contractor shall be
required to repay the full amount to the County.
G. BINDING ON HEIRS AND ASSIGNS. This Agreement shall be binding upon and
inure to the benefit of the respective successors and assigns of each party but does
not otherwise create, and shall not be construed as creating, any rights enforceable
by any person not a party to this Agreement.
H. DUE AUTHORIZATION. The persons executing this Agreement on behalf of a party
represent and warrant to the other party that he or she has been duly authorized by
such party to so execute this Agreement.
I. SEVERABILITY. If any provision of this Agreement or the application thereof to any
person or circumstance is held to be invalid, the invalidity shall not affect other
provisions of this Agreement, which shall be given effect without regard to the invalid
provision or application.
FOR SNOHOMISH COUNTY:
FOR THE CONTRACTOR:
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 8 of 9
RECEIVED
(,` vU 1� U � %aye —
Mary Jane Brell Vujovic, Director (Dade)
Department of Human Services
OCT 10 2022
HUMAN SERVICES DEPARTMENT
CONTRACTS DIVISION
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(Title)
Contractor Agreement
VA-WS-22-30-11
City of Edmonds
Page 9 of 9