HomeMy WebLinkAbout2627 - Snohomish County - Agreement - Water and Wastewater Contractor AgreementSNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT
3000 Rockefeller Avenue, MIS 305, Everett. WA 9820 1
( 425) 388-7200
WATER AND WASTEWATER CONTRACTOR AGREEMENT
V A-WS-22-30-09
Name and Address of Water and
Wastewater Services Contractor:
Ci ty of Marysville
Ci ty Hall Utility Billing
1049 State Avenue
Marysville, WA 98270
Contact Person Name, Phone Number, Ema il:
Stephanie Janssen/ Utility Bi lling Supervisor
360-363-80 I 0
sjanssen@marysv i I lewa.gov
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-22-30-09
City of Marysville
Page 1 of 8
OR\G\NAL
I. Purpose
Low Income Household Water Assistance
Contractor Agreement
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 partof an overall ~mergency effort to prevent, prepare for, and respori.dto 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 aria/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
Ill.
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, hor purport to bind, the County for any commjtmenf1n excess of
the .original Agreement period. . . . . :.
Modifications of Agreement
Any and all modifications to this Agreement shall be in writing and agreedupon 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.
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.
Contractor Agreement
VA-WS-22-30-09
City of Marysville
Page 2 of 8
V. County Responsibilities
The County will:
A. Prpvide outreach activities in an equitable manner. to ensure notfrication of program is
given to the potentially eligible households.
B. Screen for low-income households-particularly those with the lowest incfoM~$--· that p·ay a high ·proportion of household income for drinking water and wastew,ater··s~K/ices·: .
··. ' ·,•t',:.· .. ,
C. Based o_n established criteria, determine household eligib.ility for UH_V\fAP 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· requesf 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,_ ancf;~ny additional
requir~d _ documentation. or clarification, for services rendered _pursuc:int Jo. this
Agreement, upon full compliance by the Contractor with the terms_n~;,Jrn:' 1
\;'~/ ~~i ,_ ... -.
H. Payment Set up: To be handled through fiscal departmerit 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:
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 h,ember with a
disability, or include young children (ages 5 and younger);
Contractor Agreement
VA-WS-22-30-09
City of Marysville
Page 3 of 8
VI.
3. Gather administrative information regarding local providers (if . applicable),
agreements with water utilities, recommendations, accompiishments, unmet heeds,
and lessons learned; and · ·· ·
4. Plan and prioritize funds for households in communities throughout their jurisdiction
with the exception of households within tribal jurisdictions f9r which .. OCS has
reserved a portion of LIHWAP funds. ·
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 i ·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, contacUbilling information, services to be provided, or
· · · service coverage are.a changes.
E. Notify the COUNTY if the business owner or other key employee is employed by the
COUNTY 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] · · ·
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. Financial Information/Billing
The Contractor shall:
Contractor Agreement
VA-WS-22-30-09
· City of Marysville
Page 4 of.8
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 ~Y CQUNTY_: ·
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 cinly use
LIHWAP payments for residential accounts.
H. Not discriminate against a LIHWAP eligible household with respectto terrhs, d~ferred
payment plans, credit, conditions of sale, or discounts offered to ot~er CU$t6mers.
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.
J. Clearly enter, on LIHWAP households' bill, the amount of LIHVVAP 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
Contractor Agreement
VA-WS-22-30-09
.City of Marysville
Page 5 of 8
relating to LIHWAP households for the purpose of compliance verification with this
Agreement. · •· .· : ·· ·
0. 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. · ·
VIII. 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 purp·oses 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:
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, wastewater etc.
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
Contractor Agreement
VA-WS-22-30-09
City of Marysville
Page 6 of 8
The Contractor· and the County agree to meet with designated staff either 111 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 orstate 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 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. sµBCONTRACTS: The Contractor shall obtain permission from the COUN1Y 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.
Contractor Agreement
VA-WS-22-30-09
City of Marysville
Page 7 of 8
J •
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 bind ing 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 th is 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 inval idity 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:
l....'--______ s\ t. ~\~
Mary Jane Brell Vujovic, Director (Date)
Department of Human Services
RECEIVED
MAY 1 6 2022
HUMAN SERVICES DEPARTMENT
CONTRACTS DIVISION
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(Title
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Contractor Agreement
VA-WS-22-30-09
City of Marysville
Page 8 of 8