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HomeMy WebLinkAboutCommunity Foundation of South Puget Sound MC Contract#20-042 PROFESSIONAL SERVICES CONTRACT for EMERGENCY FINANCIAL ASSISTANCE RELATED TO COVID-19 THIS CONTRACT is made and entered as of the date of the last authorizing signature affixed and between Mason County, a municipal corporation, hereinafter referred to as "County" and Community Foundation of South Puget Sound, hereinafter referred to as "Agency". WHEREAS,on January 21, 2020,the Washington State Department of Health confirmed the first case of novel coronavirus (COVID-19) in the United States of America in Snohomish County, Washington, and local health departments and the Washington State Department of Health have since worked to identify, contact, and test persons in Washington State who may have been potentially exposed to COVID-19 in coordination with the United States Centers for Disease Control and Prevention (CDC); and WHEREAS,on January 31, 2020,the Secretary of the United States Department of Public Health and Human Services,Alex Azar, declared a public emergency effective January 27, 2020, for the novel coronavirus known as COVID-19; and WHEREAS,on February 29, 2020, Governor Jay Inslee signed Proclamation 20-05 declaring that a State of Emergency exists in all counties in the State of Washington due to the number of confirmed cases of COVID-19 in the State, and that the risk of person-to-person transmission throughout Washington State and the United States of America would significantly impact the life and health of our people, as well as the economy of Washington State, and is a public disaster that affects life, health, property or the public peace. The Governor directed State agencies and departments to utilize State resources to do everything reasonably possible to assist political subdivisions of the State in an effort to respond and recover from the outbreak; and WHEREAS, on March 10,2020, Governor Inslee signed Proclamation 20-06, addressing risks to persons living in congregate care settings, such as long-term care facilities, and imposing certain restrictions in all counties of the State of Washington. The Governor found that since the initial confirmed case of COVID-19 in Snohomish County on January 21, 2020, COVID-19 had spread to eight(8) counties of Washington State, resulting in 23 deaths. Further,the risk of severe illness and death from COVID-19 appeared to be higher in those members of the State's population who are sixty(60) years of age and older and those with chronic health conditions. The Governor also found that the worldwide outbreak of COVID-19 and the resulting epidemic in Washington State continued to threaten the life and health of our people as well as the economy of Washington State and that Proclamation 20-05 remains in effect and is amended as provided in Proclamation 20-06; and WHEREAS,on March 11, 2020, Governor Inslee signed Proclamation 20-07, imposing restrictions in King, Pierce and Snohomish counties on large gatherings of people of 250 or more for social, spiritual, and recreational activities, including but not limited to community, civic, public, leisure, faith-based, or sporting events, parades, concerts, festivals, conventions, fundraisers and similar activities. The Governor found that COVID-19 is a respiratory disease that spreads easily from person-to-person and may result in serious illness or death, and that its presence had been confirmed in nine(9) counties of Washington State, resulting in 24 deaths, with significant community spread in King, Pierce and Snohomish counties, and remains a PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 1 public disaster affecting life, health, property and the public peace. Based upon these facts,the Governor found that implementation of limitations on large gatherings and use of social distancing would help prevent initial exposure and secondary transmission to the State's most vulnerable populations, and are especially important for people over sixty(60) years of age and those with chronic health conditions due to the risk of severe illness and death from COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 a global pandemic; and WHEREAS, as of March 12, 2020, there were 366 positive results and 29 deaths due to COVID-19 in Washington State, with twelve(12) counties reporting cases, evidencing the growing nature of the epidemic; and WHEREAS, on March 13, 2020, the Board of Mason County Commissioners adopted Resolution 2020-27, finding that Mason County's declaration of a local emergency will allow the County to undertake emergency purchases pursuant to RCW 36.32.270 and RCW 39.04.280 when such purchases require immediate action in the event of an emergency. Further,the Board of Commissioners found that the County's declaration of a local emergency will allow the County,pursuant to RCW 42.30.070,to provide for a meeting site other than the regular meeting site, and the notice requirements of the Open Public Meetings Act shall be suspended during such emergency. The Board further found that the public health emergency conditions stated within Resolution#2020-27 constitute an emergency for Mason County,necessitating activation of the Mason County Comprehensive Emergency Management Plan and the utilization of emergency powers granted pursuant to RCW 36.40.180, 38.52.070(2), and 38.52.110(1); and WHEREAS,on March 12, 2020, Governor Inslee adopted Proclamation 20-08, amending his prior proclamations to prohibit public school districts, charter schools, and private schools in King,Pierce and Snohomish counties from conducting in-person educational, recreational, and other K-12 school programs in their school facilities. Subsequently, on March 13, 2020,the Governor, as reported in The Seattle Times, expanded K-12 school closures to all Washington schools from March 17 through at least April 24, 2020; and WHEREAS,on March 13, 2020,the Washington State Department of Health issued new statistics that 568 persons have tested positive for novel COVID-19,with 37 confirmed deaths statewide; and WHEREAS,the Mason County Board of County Commissioners has found that the above circumstances and facts present significant public health and safety issues for the Mason County and its residents and citizens,which requires urgent further action to mitigate the risks and threat to public health and safety and the County's economy caused by the COVID-19 pandemic; and WHEREAS,on March 13, 2020,the Mason County Board of County Commissioners adopted Resolution#2020-27 declaring a state of public health emergency relating to Coronavirus (COVID-19), authorizing actions as are reasonable and necessary to mitigate conditions caused by such public health emergency; and PROFESSIONAL SERVICES CONTRACT/COmmumty Foundation of South Puget Sound 2020- Page 2 WHEREAS,the public health emergency requires the County to act quickly to protect the public health and safety of persons and property, which is recognized as a fundamental purpose of government; and WHEREAS,the County desires to have certain services performed during the public health emergency relating to COVID-19, and those services require specialized skills and other supportive capabilities; and WHEREAS,the Community Foundation of South Puget Sound represents that it is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise where required, to perform the services set forth in this contract; NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,the parties agree as follows: 1. Services. The Agency shall perform such services and accomplish such tasks, including the furnishing of all personnel, materials and equipment necessary for full performance, as are identified and designated as Agency responsibilities throughout this Contract and as detailed in Exhibit A attached hereto and made a part hereof. 2. Reporting Requirements. The Agency shall be required to submit with all payment invoices a report which outlines the service or project(s) completed and information or documentation of the impact of the service. The Agency shall submit periodic reports (activity, service, financial, etc.) upon request by County. 3. Duration of Contract. The term of this Contract and the performance of the Agency shall commence as of the date of the last authorizing signature affixed hereto and shall end no later than December 31, 2020. 4. Compensation and Method of Payment. A. Payments for services shall be made on a reimbursement basis unless otherwise permitted by law and approved in writing by the County. Final invoices, along with any required reports, must be submitted to the County within 30 days from the date the contract terminates to avoid loss of funding. B. No payment shall be made for any services rendered by the Agency except for services identified and set forth in this Contract. C. The County shall reimburse the Agency for the services performed under this Contract in an amount not to exceed Fifty Thousand dollars and zero cents ($50,000) payable within thirty(30) days of receipt of a properly completed invoice as set forth in this section. PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 3 D. The Agency shall submit to the County an itemized invoice executed in accordance with Exhibit B attached hereto and made a part hereof. The invoice shall document which services detailed in Exhibit A were performed. E. The Agency shall attach to the invoice copies of any invoices/statements and cancelled checks for goods or services purchased by the Agency and for which reimbursement under terms of this contract is being requested. If the invoice includes costs for staff time to provide the services, an itemization of staff hours shall be listed with the requested reimbursement being equal to the number of itemized hours multiplied by the hour rate for staff to provide the services listed in Exhibit A. The Agency shall provide other documentation as requested by the County. 5. Internal Control. The Agency shall establish and maintain a system of internal control to ensure the efficient and proper processing and use of Contract funds. 6. Establishment and Maintenance of Records. A. The Agency agrees to maintain books, records, and practices which accurately reflect all direct and indirect costs related to the performance of this Contract. The County may require that the Agency conduct an audit of the records relating to this Contract at the Agency's own expense. B. The Agency shall retain all books, records, documents, and other data relevant to this Contract for a minimum of three(3)years after its expiration. The Agency agrees that the County or its designee shall have full access and right to examine any of said materials at all reasonable times during this period. 7. Special Safeguards. The Agency, at all times, shall take reasonable measures to anticipate any special problems which might arise in relation to the Agency's activities which involve a degree of risk to any client, including but not limited to social distancing and any other requirements prescribed by emergency declarations of local, state, and federal government. 8. Assignment/Subcontracting. A. The Agency shall not assign any portion of this Contract but is expected to cooperate with other agencies in carrying out its terms. B. The County reserves the right to inspect any subcontract document. 9. Future Support. The County makes no commitment to future support and assumes no obligations for future support of the activity contracted for herein, except as expressly set forth in this Contract. PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 4 10. Compliance with Laws. The Agency, in performance of this Contract, agrees to comply with all applicable federal, state, and local laws and ordinances, including standards for licensing, certification and operation of facilities,program and accreditation, and licensing of individuals and any other standards or criteria as described in this Contract to assure quality of service. 11. Changes and Modifications. Any amendment to this Contract shall be in writing and signed by both parties and attached to this Contract. 12. Non-Discrimination in Employment. The Agency agrees that it shall not unlawfully discriminate against any employee, applicant, or client service provision based on any legally protected class status including, but not limited to: race, color, creed, religion, national origin, age, sex, marital status, veteran status, gender identity, sexual orientation, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the performance of the essential functions required of the position. 13. Compliance with Nondiscrimination Requirement. In the event of Agency's noncompliance or refusal to comply with the above nondiscrimination plan,this Contract may be rescinded, canceled, or terminated in whole or in part, and the Agency may be declared ineligible for further contracts with the County. The Agency, shall,however, be given a reasonable time in which to correct this noncompliance. To assist the Mason County in determining compliance,the Agency shall complete and return the Statement of Compliance with Non-Discrimination Requirement attached as Exhibit C. 14. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Contract. The County is interested primarily in the results to be achieved;the implementation of services will lie solely with the Agency. No agent, employee, servant, or representative of the Agency shall be deemed to be an employee, agent, servant, or representative of the County for any purpose, and the employees of the Agency are not entitled to any of the benefits the County provides for County employees. The Agency will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants,representatives, subcontractors, or otherwise during the performance of this Contract. PROFESSIONAL SERVICES CONTRACT/COmmUnity Foundation of South Puget Sound 2020- Page 5 15. Political Activity Prohibited. None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 16. Hold Harmless/Indemnification. All services to be rendered or performed under this Contract shall be performed or rendered entirely at the Agency's own risk, and the Agency expressly agrees to defend, hold harmless, and indemnify the Mason County, its elected officials, officers, agents, employees, or otherwise from any and all liability, loss or damage, including reasonable costs of defense that they may suffer as a result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the Mason County, which result from, arise out of, or are in any way connected with the services to be performed by the Agency, its assignees, or subcontractors under this Contract. This indemnification expressly includes any and all claims by employees, subcontractors, and assignees of Agency or for which Agency would have immunity under the Worker's Compensation Act or any similar law. The Agency waives any immunity it has under Title 51 (relating to injured workers)to the extent of this indemnification provision. By executing the Contract, the Agency acknowledges that the foregoing waiver has been mutually negotiated by the parties. 17. Insurance. A. The Agency shall carry for the duration of this Contract Commercial General Liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate. B. Workers' Compensation(Industrial Insurance): The Agency shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the County contract administrator. When requested by the County,the Agency shall send to the Mason County at the end of each quarter written verification that premium has been paid to the Washington State Department of Labor and Industries for Industrial Insurance coverage. Alternatively,the contractor shall provide certification of approval by the Washington State Department of Labor and Industries if self-insured for Workers Compensation. C. Commercial General Liability: The Agency shall maintain Commercial General Liability coverage for bodily injury,personal injury and property damage, subject to limits of not less than $ 1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than$ 2,000,000. 1. The Agency shall provide Commercial General Liability coverage, which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Agency will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 6 liability coverage. 2. The Agency's Commercial General Liability insurance shall include the County, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the County as additional insured. 3. The Agency shall furnish the County with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the County as an additional insured. 4. If the Agency's liability coverage is written as a claims made policy, then the Agency must evidence the purchase of an extended reporting period or"tail" coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period. 5. If the Contract is over$50,000 then the Agency shall also maintain Employers Liability Coverage with a limit of not less than$1 million. D. Automobile Liability: The Agency shall maintain Business Automobile Liability insurance with a limit of not less than$200,000 each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles. E. Other Insurance Provisions: 1. The Agency's liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees and agents. 2. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees or agents. 3. The Agency's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. The Agency shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 5. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. 6. The Agency shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced. PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 7 F. Verification of Coverage and Acceptability of Insurers: The Agency shall place insurance with insurers licensed to do business in the State of Washington and having A.M.Best Company ratings of no less than A-,with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. 1. Certificates of Insurance shall show the Certificate Holder as Mason County and include do of the County Risk Administrator as shown below. The address of the Certificate Holder shall be shown as the current address of the Office. 2. Written notice of cancellation or change shall be mailed to the COUNTY at the following address: Attn:Nichole Wilston Mason County Risk 411 N. 5th St. Shelton, Washington 98584 3. The Agency shall furnish the County with properly executed certificates of insurance or a signed policy endorsement, which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty(30) days prior written notice to the County. 4. The Agency or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Mason County risk administrator. 18. Failure to Comply with Contract Requirements: Suspension,Termination and Close Out. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both parties recognize time is of the essence in the performance of the provisions of this Contract. If the Agency fails to comply with the terms and conditions of this Contract,the County may pursue such remedies as are legally available including,but not limited to, hold back of payment and the suspension or termination of this Contract. A. Termination for Cause. If the Agency fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract are of such scope and nature that the County deems continuation of this Contract to be substantially detrimental to the interest of the County; PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 8 2. The Agency has failed to take satisfactory action as directed by the County or its authorized representative within the time specified by same; 3. The Agency has failed within the time specified by the County or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract; then the County may terminate this Contract in whole or in part, and thereupon shall notify the Agency of the termination,the reasons therefore, and the effective date provided such effective date shall not be prior to notification to the Agency. After the effective date, no charges incurred under any terminated portions are allowable. B. Termination for Other Grounds. This Contract may also be terminated in whole or in part: 1. By the mutual agreement of the parties in which case the termination shall be in writing, signed by both parties, and shall included the conditions for termination, the effective date, and in the case of termination in part,that portion of the Contract to be terminated. After the effective date, no charges incurred under any terminated portions are allowable. 2. If the funds allocated by the County under this Contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services, the County may summarily terminate this Contract as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provision of this Contract. Termination under this paragraph shall be effective on the date specified in the written notice of termination sent by the County to the Agency. After the effective date, no charges incurred under this Contract are allowable. 19. Jurisdiction. A. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance. B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provision thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Mason County, Washington. 20. Severability. A. It is understood and agreed by the parties hereto that if any part, term, or provision of this Contract is held by the courts to be illegal,the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 9 B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. 21. Entire Contract. The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 22. Waiver of Contract Terms. The parties agree that the forgiveness of the nonperformance of any provision of this Contract does not constitute a waiver of the provisions of this Contract. 23. Contract Representatives Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. For Community Foundation of South Puget Sound: Name of Representative: Mindie Reule, CEO Mailing Address: 212 Union Ave. SE 102 County, State, and Zip Code: Olympia, WA 98501 Telephone Number: 360.705.3340 Fax Number: Email Address: mruele@thecommunityfoundation.com B. For County: Name of Representative: Sharon Trask, Chair of Mason County BOCC Mailing Address: 411 n. 5th St. County, State, and Zip Code: Shelton, Washington 98584 Telephone Number: 360.427.9670 Fax Number: Email Address: strask@co.mason.wa.us 24. Ratification. Any work performed prior to the effective date that falls within the scope of this Agreement and is consistent with its terms is hereby ratified and confirmed. PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 10 I hereby certify that I am authorized to bind the entity for which I am signing below. Community Foundation of South Puget Sound: Mindie Reule, CEO 4/20/2020 Date signed Mason County Sharon Trask, BOCC Chair ApKit 4 t10a 0 Date signed Approved as to Form by: Tim hi head .Chief Deputy County Attorney PROFESSIONAL SERVICES CONTRACT/Community Foundation of South Puget Sound 2020- Page 11 EXHIBIT"A" Community Foundation of South Puget Sound (CFSPS)—Emergency Financial Assistance Program Scope of Work&Fee 1. The program will provide immediate financial assistance to those qualifying as meeting reasonable guidelines to determine who is considered the most vulnerable and most in need of assistance due to the economic impacts of COVID-19. This assistance will include emergency funding for rent, utilities, food, and health care as well as other identified emergency needs. 2. Emergency financial assistance will also be provided to local nonprofit organizations who are experiencing a surge in requests for their services related to the impacts of COVED-19, and the need to significantly expand their capacity to serve the most vulnerable populations who meet reasonable guidelines used to identify those in need. Those nonprofit organizations will be those experiencing the worst impacts of the crisis including declining donations and elimination of fund raising opportunities. 3. CFSPS will track and report data on all financial assistance that is provided, including the number of people served, types of assistance provided, as well as the guidelines that were used to qualify for receipt of any funding provided by Mason County under this Agreement. 4. CFSPS in coordination with the United Way of Mason County will coordinate donations from the community and will use these donations to further assist the community in responding to this emergency. 5. Mason County will pay up to $50,000 for these services commencing upon execution of this agreement by both parties and concluding by December 31,2020. PROFESSIONAL SERVICES CONTRACT/COmmunity Foundation of South Puget Sound 2020- Page 12 EXHIBIT "B" STATEMENT OF COMPLIANCE WITH NON-DISCRIMINATION REQUIREMENT The Mason County Board of County Commissioners has made compliance with the County's Personnel Policy Chapter 12, the Non-Discrimination and Harassment Policy a high priority,whether services are provided by County employees or through contract with other entities. It is important that all contract agencies and their employees understand and carry out the County's non-discrimination policy. Accordingly,each County contract for services contains language that requires an agency to agree that it shall not unlawfully discriminate against an employee or client based on any legally protected class status including,but not limited to: race,creed,color,national origin,age,sex,marital status,veteran status, sexual orientation,gender identity,or the presence of any disability. Indicate below the methods you will employ to ensure that this policy is communicated to employees and clients. Community Foundation of South Puget Sound affirms compliance with the Mason County's non- discrimination ordinance and contract provision by two or more of the following actions: ❑ Non-discrimination provisions are posted on printed material with broad distribution(newsletters, brochures,etc.). What type,and how often? • Non-discrimination provisions are posted on applications for service. ❑ Non-discrimination provisions are posted on the agency's web site. ® Non-discrimination provisions are included in human resource materials provided to job applicants and new employees. ❑ Non-discrimination provisions are shared during meetings. What type of meeting,and how often? ❑ If,in addition to two of the above methods,you use other methods of providing notice of non- discrimination,please list: By signing, I acknowledge compliance with the Mason County's non-discrimination ordinance. Failure to implement the measures specified above constitutes a breach of contract 4/20/2020 (Signature) (Date) Alternative Section for Sole Proprietor: I am a sole proprietor and have reviewed the statement above. I agree not to discriminate against any client,or any future employees hired, on the grounds of race,creed,color,national origin,age,sex,marital status,veteran status, sexual orientation,or the presence of any disability. (Sole Proprietor Signature) (Date)