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HomeMy WebLinkAboutContractDOH Contract GVL24912-0 Page 1 of 7 Revision December 2019 CONTRACT NUMBER: GVL24912-0 SUB-RECIPIENT YES NO FFATA FORM REQUIRED YES NO THIS AGREEMENT is made by and between the State of Washington Department of Health, hereinafter referred to as DOH, and the party whose name appears below, hereinafter referred to as Contractor. CONTRACTOR NAME and ADDRESS: City of Renton Farmers Market 1055 South Grady Way 6th Floor Renton, WA 98057 UBI: 177-000-094 PURPOSE: incentives to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is the statewide SNAP/EBT Match Program at farmers markets. Farmers markets will implement the SNAP/EBT Match Program to increase the purchasing power of SNAP clients to purchase fruits and vegetables. IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK: The Contractor shall provide the work as described in Exhibit A, attached hereto and incorporated herein. GENERAL TERMS AND CONDITIONS: The contractor shall comply with the terms and conditions described in Exhibit B, attached hereto and incorporated herein. PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance under this contract shall be from April 1, 2020 through June 30, 2021 unless sooner terminated as provided herein. Any work done outside of the period of performance shall be provided at no cost to DOH. CONSIDERATION: The maximum consideration available under this contract shall not exceed $7,500 without a properly executed written amendment signed by representatives of both parties authorized to do so. Consideration includes but is not limited to all taxes, fees, surcharges, etc. Source of Funds: Federal: $0 State: $7,500 Other: $ 0 TOTAL: $7,500 Contractor agrees to comply with all applicable rules and regulations associated with these funds. Unless otherwise indicated in this contract, any State funds which are unexpended as of June 30th will not be available for carry over into the next State fiscal year (July June). INVOICES AND PAYMENT: Contractor will submit invoices to the DOH Project Manager for all amounts to be paid. Invoices must reference this contract number and provide detailed information as requested. All invoices must be approved by DOH prior to payment; approval will not be unreasonably DOH Contract GVL24912-0 Page 2 of 7 Revision December 2019 withheld. DOH will authorize payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in the statement of work and/or budget. DOH will return all incorrect or incomplete invoices and will not pay for services that occur outside the period of performance. The Contractor will not invoice for services if they are entitled to payment, have been, or will be paid by any other source for that service. DOH will issue payment within 30 days of receiving a correct and complete invoice and approving the deliverable(s). DOH must receive correct and complete invoices within 60 days of the contract expiration date. Late invoices will be paid at the discretion of DOH and are contingent upon the availability of funds. Failure to submit a properly completed IRS form W-9 may result in delayed payments. APPROVAL: This contract shall be subject to the written approval of DOH Contracting Officer and shall not be binding until so approved. IN WITNESS WHEREOF: DOH and the Contractor have signed this contract. CONTRACTOR SIGNATURE DATE PRINT OR TYPE NAME TITLE DOH CONTRACTING OFFICER SIGNATURE DATE EXHIBIT A STATEMENT OF WORK DOH GVL24912-0 DOH Contract GVL24912-0 Page 3 of 7 Revision December 2019 City of Renton Farmers Market Statewide SNAP/EBT Match Program PURPOSE: incentives to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is the statewide SNAP/EBT Match Program at farmers markets. Farmers markets will implement the SNAP/EBT Match Program to increase the purchasing power of SNAP clients to purchase fruits and vegetables. Scope of Work: 1. Implement the statewide SNAP/EBT Match Program, which includes but is not limited to: a. eligible items. Incentives can only be used for fruits and vegetables. Markets can decide what the daily customer cap is. b. Using standard currency and promotional material as provided by DOH. 2. Report SNAP transaction data, which includes: a. SNAP and incentive distribution for each SNAP/EBT transaction each month including SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. Reporting will be through the tablet/app provided by DOH. Farmers markets can use paper tracking during the market day, but need to transfer this data to the table/app. b. SNAP and incentive redemption each quarter including SNAP and incentive amount redeemed by vendors. Reporting will be to the designated Technical Assistance Contractor, unless otherwise directed by DOH. 3. Train staff, volunteers, and vendors on the statewide SNAP/EBT Match Program, with the assistance of the Washington State Farmers Market Association and a Technical Assistance Contractor (designated by region by DOH). 4. Promote the SNAP/EBT Match program to SNAP clients at your farmers market. 5. Invoice Department of Health on a monthly basis (see Payment and Deliverable sections below). 6. W SNAP/EBT Match Program and reporting. Payment: Payment will be based on reimbursement only for incentives redeemed at the farmers market. The contractor will invoice monthly on A-19 invoice form provided by DOH, and send the invoice to a DOH designated email for timely processing and reimbursement. Payment will only be dispersed if Deliverable #1 is up-to-date for the respective month. There are two distinct payment periods outlined below. Funding cannot roll over from one payment period to the next. Payment Period Amount DOH will reimburse January 1, 2020 June 30, 2020 $2,500 July 1, 2020 June 30, 2021 $5,000 Deliverables: 1. SNAP and incentive distribution for each SNAP/EBT transaction each month including SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. 2. SNAP and incentive redemption each quarter including SNAP and incentive amount redeemed by vendors each month. EXHIBIT B GENERAL TERMS AND CONDITIONS DOH GVL24912-0 DOH Contract GVL24912-0 Page 4 of 7 Revision December 2019 I. DEFINITIONS As used throughout this contract, the following terms shall have the meanings set forth below: 1. "Client" shall mean an agency, firm, organization, individual or other entity applying for or receiving services under this contract. 2. "Contractor" shall mean that entity performing services under this contract. 3. rement Office of DOH and his/her delegates within that office authorized to execute this contract on behalf of DOH. 4. "Department" shall mean the Department of Health (DOH) of the State of Washington, any division, section, office, unit or other entity of the department, or any of the officers or other officials lawfully representing DOH. 5. "Reimbursement" shall mean that DOH will repay the Contractor for allowable costs incurred under the terms of this contract. II. GENERAL CONDITIONS 1. ADVANCE PAYMENTS PROHIBITED No payment in advance or in anticipation of services or supplies to be provided under this contract shall be made by DOH. 2. AMENDMENTS This contract may be amended by mutual written contract of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. ASSIGNABILITY Neither this contract nor any claim arising under this contract shall be transferred or assigned by the Contractor. 4. CHANGE IN STATUS - In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Contractor, Contractor agrees to notify DOH of the change. Contractor shall provide notice as soon as practicable, but no later than thirty days after such a change takes effect. 5. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in its sole discretion, by written notice to the Contractor, terminate this contract if it is found, after due notice and examination by DOH that there is a violation of the ethics in public service act, chapter 42.52 RCW, or any similar statute involving the Contractor in the procurement of, or performance of this contract. 6. DEBARMENT In the event Federal funding is added via future amendment(s), additional Terms and Conditions may apply. The Contractor, by signature to this contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal department or agency from participating in transactions. The Contractor agrees to include the above requirement in all subcontracts into which it enters to complete this contract should that be the case and Federal funding is added. EXHIBIT B GENERAL TERMS AND CONDITIONS DOH GVL24912-0 DOH Contract GVL24912-0 Page 5 of 7 Revision December 2019 7. DISPUTES The parties shall use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this contract. Both parties will continue without delay to carry out their respective responsibilities under this contract while attempting to resolve the dispute under this section. When a genuine dispute arises between DOH and the Contractor regarding the terms of this agreement or the responsibilities imposed herein which cannot be resolved, either party may submit a request for non-binding mediation to the other party through the DOH Contracts Unit and the DOH Contracts Unit will notify the other party of the request for non-binding mediation. DOH Contracts will act as the initial coordination point and manage the non-binding mediation communication to and from the parties. Each party agrees that the DOH will identify three mediators who are neutral to both parties. Each party agrees that Contractor will identify one of the three mediators to engage in this process. Each party agrees that it will be responsible for one-half (1/2) the cost of the mediator. Each party agrees that the non-binding mediation will occur at a time and place convenient to all parties, including the mediator and that preference is for the mediation to occur in Olympia or Tumwater, Washington. Each party agrees the mediation is non-binding. -binding mediation must: Be in writing, Clearly state the disputed issues, S address, and his/her contact number, the DOH Program Contract Manager. Be mailed to ATTN: DOH Contracts and Procurement Director, P.O. Box 47905, Olympia, WA 98504-7905 within 30 day (30) calendar days after the party could have reasonably be expected to have knowledge of the issue which he/she now disputes, or Be emailed to DOHCon.Mgmt@doh.wa.gov with the subject line clearly displaying the The non-binding mediation process constitutes the sole administrative remedy available under this contract. The parties agree that this resolution process shall precede any action in a judicial and quasi-judicial tribunal. Both parties have a duty and responsibility to timely pursue and engage in non-binding mediation. However, the requesting party may pursue judicial or quasi-judicial action prior to the completion of non-binding mediation if the subject party unnecessarily delays or intentionally frustrates the mediation process. 8. GOVERNING LAW This contract shall be governed by the laws of the State of Washington and applicable federal laws and regulations. The venue of any legal action or suit concerning this contract shall be the Thurston County Superior Court and all actions or suits thereon shall be brought therein. 9. INDEMNIFICATION HOLD HARMLESS Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees, and agents, to the extent permitted by law. 10. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and his or her employees or agents performing under the contract are not employees of DOH. The contractor shall not hold himself/herself out as nor claim to be an officer or employee of DOH or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or EXHIBIT B GENERAL TERMS AND CONDITIONS DOH GVL24912-0 DOH Contract GVL24912-0 Page 6 of 7 Revision December 2019 benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Contractor. 11. MATERIAL BREACH Contractor may be terminated for cause by DOH, at the sole discretion of the Contract Administrator, for failing to perform a contractual requirement or for a material breach of any term or condition. 12. OVERPAYMENTS AND ASSERTION OF LIEN In the event that DOH establishes overpayments or erroneous payments made to the Contractor under this contract, DOH may secure repayment, plus interest, if any, through the filing of a lien against the Contractor's real property, or by requiring the posting of a bond, assignment or deposit, or some other form of security acceptable to DOH, or by doing both. 13. PUBLICITY The Contractor agrees to submit to DOH all advertising and publicity matters connection of D not to publish or use such advertising and publicity matters without the prior written consent of DOH. 14. RECORDS, DOCUMENTS, AND REPORTS The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by DOH, personnel duly authorized by DOH, the Office of the State Auditor, and Federal and State officials so authorized by law, regulation or agreement. If the contract reimburses the Contractor for costs incurred in performance, the Contractor shall in addition maintain books, records, documents and other evidence of procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 15. RIGHT OF INSPECTION The Contractor shall provide right of access to its facilities to DOH, or any of its officers, or to any other authorized employee or official of the State of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. The Contractor shall make available information necessary for DOH to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of personal information obtained or used as a result of this contract shall be made available to DOH and the U.S. Secretary of the Department of Health & Human Services, upon request. EXHIBIT B GENERAL TERMS AND CONDITIONS DOH GVL24912-0 DOH Contract GVL24912-0 Page 7 of 7 Revision December 2019 16. SURVIVABILITY The terms and conditions contained in this contract which by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the contract shall survive, 17. SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE In the event contract funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, DOH may give notice to Contractor to suspend performance as an alternative to termination. DOH may elect to give written notice to Contractor to suspend performance when DOH determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this contract. Notice may include notice date stated in the written notice to suspend. During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance. When DOH determines that the funding insufficiency is resolved, DOH may give Contractor written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Contractor will give written notice to DOH as to whether it can resume performance, and, if so, the date upon which it agrees to resume performance. If Contractor gives notice to DOH that it cannot resume performance, the parties agree that the contract will be terminated retroactive to the original date of termination. If the date Contractor gives notice it can resume performance is not acceptable to DOH, the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to DOH, the parties agree that the contract will be terminated retroactive to the original date of termination. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this contract, the Contracting Officer may, by TEN (10) calendar days written notice, beginning on the second day after the mailing, terminate this contract in whole or in part when it is in the best interests of DOH. If this contract is so terminated, DOH shall be liable only for payment in accordance with the terms of this contract for services rendered prior to the effective date of termination. 19. TERMINATION PROCEDURE Upon termination of this contract DOH may require the Contractor to deliver to DOH any property specifically produced or acquired for the performance of such part of this contract as has been terminated. 20. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by authorized representative of DOH.