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HomeMy WebLinkAboutCONSENT Teen vapor tobacco mj prevention 615 Sheridan Street Port Townsend, WA 98368 dell-Orson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Denise Banker, Community Health Director Laura Tucker, Community Health Educator DATE: 1,l '1, .9-1007-5 SUBJECT: Agenda item — Subrecipient Agreement with Jefferson Teen Center; June 9, 2025 — June 30, 2025; $1,000 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the Subrecipient Agreement with Jefferson Teen Center (Subrecipient) to develop and implement coordinated tobacco, vapor and marijuana product prevention and intervention strategies; June 9, 2025 — June 30, 2025; $1,000. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: The purpose of this agreement is for the JCPH to retain Subrecipient to develop and implement protective factor strategies to prevent and reduce tobacco and marijuana use by youth in Jefferson County. Subrecipient agrees to implement programs that provide protective factors for youth in Jefferson County. This agreement, for $1,000, is to pay for direct labor, direct material, and other direct costs. FISCAL IMPACT/COST BENEFIT ANALYSIS: This contract agreement is fully funded by JCPH through a regional funding received from the Washington State Department of Health, Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County Public Health contract number N-22-028-A3 KPHD 2262 Amendment 3 (2413) (Agency Contract). RECOMMENDATION: JCPH management requests approval of the Subrecipient Agreement with Jefferson Teen Center to develop and implement tobacco, vapor and marijuana product intervention strategies; June 9, 2025 — June 30, 2025; $1,000. REVIEWED BY: :nave Josh eters, County Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 Always working for a safer and healthier community N-25-030 CONTRACT REVIEW FORM I Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson Teen Center Contract No: N-25-030 Contract For: Tobacco,vapor and marijuana product prevention Term: 6/9/25 - 6/30/25 COUNTY DEPARTMENT: Public Health Contact Person: Denise Banker Contact Phone: X438 Contact email: dbanker@co.jefferson.wa.us AMOUNT: $1,000 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $1,000 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # 127 1 RFP or RFQ Munis Or.g/Ohj 12756220 _Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMP E W'NT .55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■ N/A: June 9, 2025 � Signt ure Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: I N/A: ® _Zoo_ June 9, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Lascrfche): Electronically approved by Risk Management on 6/20/2025. • STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Lascrfiche): Electronically approved as to form by PAO on 6/17/2025. Standard subrecipient agreement for contract term 06/09/2025- 06/30/2025. Not clear ratification language for work done prior to entry of this agreement. No contract amount and low risk. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 SUBRECIPIENT AGREEMENT BETWEEN JEFFERSON COUNTY AND Jefferson Teen Center This Subrecipient Agreement (Agreement) Between Jefferson County and Jefferson Teen Center is made and entered into by Jefferson County (County) and Jefferson Teen Center (Subrecipient) for completion of Project title: Jefferson Teen Center Open House (Project) pursuant to Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County Public Health contract number N-22-028-A3 KPHD - YCCTPP (Agency Contract). Funds awarded for this Project have been provided to by the County by the Washington State Youth Cannabis and Commercial Tobacco Prevention Program(YCCTPP) and are state funds that focus on cannabis and commercial tobacco activities. IT IS AGREED UPON BY THE PARTIES AS FOLLOWS: A. TERM OF THIS AGREEMENT The term of this Agreement is from June 9, 2025 through June 30, 2025. B. TERMINATION (1) Should a party default in providing Project services under this Agreement or materially breach any of its provisions, the other party may terminate this Agreement upon ten(10) days written notice. A party shall have the right and opportunity to cure any such material breach within the ten (10) day period. (2) The County may terminate this Agreement upon immediate notice to Subrecipient in the event that the funding for the project ceases or is reduced in amount. Subrecipient will be reimbursed for services expended up to the date of termination. (3) In the event of default, the Subrecipient must return any disbursed funds associated with this Project within thirty-days (30) of notice of termination by County. C. PROFESSIONAL SERVICES BY SUBRECIPIENT In completion of Project all Project services provided by Subrecipient shall include: (1) All Work, if any, Required by the Agency Contract. All work required by the Agency Contract, if any, a true and correct copy of which is attached as APPENDIX B. (2) Perform All Subrecipient Obligations. In addition to the above, Subrecipient shall fulfill all of Subrecipient Obligations listed below. D. SUBRECIPIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations: (1) Subrecipient shall fulfill all the requirements of the Agency Contract. YCCTPP Mini-Grant Subrecipient Agreement, JCPH,June 9, 2025 Page 1 of 11 N-25-030 (2) Subrecipient shall comply with all state and federal requirements regarding the confidentiality of participant records. (3) Subrecipient shall have written policies regarding sexual harassment and non- discrimination(said policies must guarantee human/civil rights); regarding a person's right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff-to-participant interactions (i.e.: including a person's right to be treated with dignity and respect free of abuse). (4) Subrecipient shall provide all youth activities for substance use prevention as outlined in our Mini-Grant application. (5) Subrecipient shall be required to complete reporting related to these funds monthly,with final report due by July 15, 2025. A reporting template will be provided. (6) Subrecipient shall comply with all applicable federal, state, and local regulations. (7) Subrecipient shall comply with all the policies of the Jefferson County department managing this Agreement. E. REIMBURSEMENTS (1) Total reimbursements for fiscal year 2025 to Subrecipient by the County under this Agreement shall not exceed$1,000 awarded to Subrecipient as mini-grant awardee. (2) Under this Agreement,the County shall disburse awarded mini-grant funds upon final execution of this Agreement. (3) Subrecipient will receive Project balance upon execution of this agreement and will provide monthly to the County a detailed description of Project's progress, including accounting of all expenditures made during the month in which Subrecipient is reporting (template provided). F. DEBARMENT By signing this Agreement, and Appendix A, Subrecipient certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Subrecipient agrees to include the above requirement in any and all subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Subrecipient must immediately notify the County if, during the term of this Agreement, Subrecipient becomes debarred. The County may immediately terminate this Agreement by providing Subrecipient written notice, if Subrecipient becomes debarred during the term of this Agreement. G. FUNDING WITHDRAWN,REDUCED OR LIMITED If the County determines in its sole discretion that the funds it relied upon to establish this Agreement have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this Agreement but prior to the normal completion of this Agreement, then the County, at its sole discretion, may: (1) Terminate this agreement; (2) Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend YCCTPP Mini-Grant Subrecipient Agreement,JCPH, June 09,2025 Page 2 of 11 Subrecipient's performance under this Agreement upon five (5) business days' advance notice to Subrecipient, if the County determines that there is a reasonably likelihood that the funding insufficiency may be resolved in time to allow Subrecipient's performance to resume prior to the normal completion date of this Agreement. H. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT If overpayments or erroneous payments have been made to Subrecipient under this Agreement, the County will provide notice to Subrecipient and Subrecipient shall refund the full amount of the overpayment within thirty (30) calendar days of the notice. If Subrecipient fails to make timely refund, the County may charge Subrecipient one percent (1%)per month on the amount due, until paid in full. I. RECORDS AND DOCUMENTS REVIEW (1) Subrecipient must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Agreement and the completion of the funded Project, procedures,and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. (2) Subrecipient must retain such records for a period of six(6)years after the date of final payment under this Agreement. (3) If any litigation, claim or audit is started before the expiration of the six(6)year period,the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. J. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE COUNTY. Subrecipient shall immediately report to the County any failure to perform under this Agreement. K. GENERAL TERMS AND CONDITIONS (1) Subrecipient's relation to the County shall at all times be that of independent Subrecipient. Any and all employees, volunteers, and any person(s) involved in the completion of this Project of Subrecipient's, or other persons engaged in the performance of any work or service required of Subrecipient under this Agreement, shall be considered associates of Subrecipient only, and any claims that may arise on behalf of or against said associates shall be the sole obligation, liability, and responsibility of Subrecipient. (2) Subrecipient, by signature to this Agreement, certifies that Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement, or any Agreement by any Federal department or agency. (3) Subrecipient shall not subcontract or assign any of the services or funds covered by this Agreement. YCCTPP Mini-Grant Subrecipient Agreement,JCPH,June 09,2025 Page 3 of 11 (4) All cost for liability insurance and all liability of any and all kind associated with and to the commencement through completion of this Project shall be considered the sole responsibility of the Subrecipient. (5) It is understood and agreed that this Agreement is entered into in the State of Washington. This Agreement shall be governed by and construed in accordance with the laws of the United States, the State of Washington, and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson and Clallam Counties, Washington. No party shall argue or assert that any state law other than Washington law applies to the governance or construction of this Agreement. (6) Should either party bring any legal action, each party in such action shall bear the cost of its own attorney's fees and court costs. The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington, subject to the venue provisions for actions against counties in RCW 36.01.050. (7) Subrecipient shall indemnify and hold the County, and its officers, officials, employees, agents and volunteers (and their marital communities)harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from Subrecipient's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Subrecipient to indemnify the County and its officers, officials, employees, agents and volunteers (and their marital communities) against and hold them harmless from claims,demands or suits based solely upon the conduct of the County, its officers, officials, employees, agents and volunteers (and their marital communities), and provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) Subrecipient's agents or employees; and, (b) The County, its officers, officials, employees, agents and volunteers(and their marital communities),this indemnity provision with respect to: (i)claims or suits based upon such negligence, or(ii)the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of Subrecipient's negligence or the negligence of Subrecipient's agents or employees. (c) Subrecipient specifically assumes potential liability for actions brought against the County by Subrecipient's employees, including all other persons engaged in the performance of any work or service required of Subrecipient under this Agreement and, solely for the purpose of this indemnification and defense, Subrecipient specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. (d) The provisions of this section shall survive the expiration or termination of this Agreement. (8) Subrecipient shall not discriminate against any person presenting themselves for services based on race, religion, color, sex, age, or national origin. YCCTPP Mini-Grant Subrecipient Agreement,JCPH, June 09, 2025 Page 4 of 11 (9) No portion of this Agreement may be assigned or subcontracted to any other individual, firm, or entity. (10) This Agreement memorializes the entire agreement between the parties.No representation or promise not expressly contained in this Agreement has been made. The parties are not entering into this Agreement based on any inducement, promise, or representation, expressed or implied, which is not expressly contained in this Agreement. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, within the scope of this Agreement. (11) Subrecipient is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Subrecipient assumes responsibility for and all liability for the actions, damages, and all quality of services performed by any associate affiliated with subrecipient's funded Project. (12) While performing Project services, the use of illegal drugs, alcohol, or controlled substances on the County property or premises is strictly prohibited. Subrecipient, volunteers, and subrecipient associates and/or employees shall not perform Project services while under the influence of drugs or alcohol, and if discovered, may be reported to the appropriate law enforcement agency. (13) The use of tobacco of any kind on property or premises of the County shall comply with County policies. (14) Any form of harassment, discrimination, or improper fraternization with any County employee or a participant is strictly prohibited. (15) No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. (16) The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. (17) The terms of this Agreement are not severable. If any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be enforceable. (18) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. (19) The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. YCCTPP Mini-Grant Subrecipient Agreement, JCPH,June 09,2025 Page 5 of 11 (20) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. (21) The parties agree that this Agreement has been negotiated at arms-length,with the assistance and advice of competent, independent, legal counsel. (22) This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs and assigns. (23) Notwithstanding any provisions of this Agreement to the contrary,to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW(as may be amended), Subrecipient agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. Subrecipient also agrees that upon receipt of any written public record request, Subrecipient shall,within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. (24) All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Laura Tucker, YCCTPP Jefferson County Public Health 615 Sheridan St. Port Townsend, WA 98368 Notices to Subrecipient shall be sent to the following address: Name: Kel Ashcraft Title: Executive Director Contact Info: kel@jeffersonteencenter.org Phone: 513-205-4222 ADOPTED THIS day of , 2025 (SIGNATURES FOLLOW ON THE NEXT PAGE) YCCTPP Mini-Grant Subrecipient Agreement,JCPH,June 09,2025 Page 6 of 11 SIGNATURE PAGE BOARD OF COUNTY COMMISSIONERS SUBRECIPIENT JEFFERSON COUNTY, WASHINGTON By: By: Heidi Eisenhour, Chair Signature 14(44/74 Name: Kelly Ashcraft By: Title: Executive Director Heather Dudley-Nollette, Commissioner Jefferson Teen Center Organization: By: Date: June 24, 2025 Greg Brotherton , Commissioner SEAL: ATTEST: Carolyn Gallaway, Clerk of the Board Approved as to form only: for 06/17/2025 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney YCCTPP Mini-Grant Subrecipient Agreement, JCPH,June 09, 2025 Page 7 of 11 APPENDIX A—COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient Agreement can be approved with fmal form submitted by June 30, 2025. AGENCY CONTRACT NO: N-22-028-A3 KPHD - YCCTPP DATE: 6/24/25 NAME OF SUBRECIPIENT: Jefferson Teen Center By signing below, I declare under penalty of perjury of the laws of the State of Washington and the United States that the forgoing is true and correct. (Check the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred, suspended, proposed 6/24/25 for debarment,declared ineligible, or voluntarily excluded X from transactions by any Federal, State, or local department or agency Subrecipient has not within a 3-year period preceding the submission of this Compliance and Risk Monitoring Form 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 6/24/25 performing a public (Federal, State,or local)transaction or X contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records,making false statements, or receiving stolen property Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of fraud or a criminal offense in connection with obtaining, attempting 6/24/25 to obtain, or performing a public(Federal, State, or local) transaction or contract under a public transaction; violation X of Federal or State antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property Subrecipient has not within a 3-year period preceding the 6/24/25 submission of this Compliance and Risk Monitoring Form one or more public transactions (Federal, State,or local) X terminated for cause or default Subrecipient has provided all written reports required by 6/24/25 the Agreement as of the submission of this Compliance and X Risk Monitoring Form(Template provided) YCCTPP Mini-Grant Subrecipient Agreement,JCPH, June 09,2025 Page 8 of 11 DATE CERTIFICATION ITEM YES NO 6/24/25 Subrecipient certifies that the Project will be completed by X June 30,2025 Subrecipient certifies that Project outcomes will be X 6/24/25 presented at one Olympic Prevention Partnership meeting or one CPWI Coalition meeting. Signed at Chimacum Washington City State ! ; '- 6/24/25 SUBRECIPIENT SrI ' / DATE Kelly Ashcraft WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVAL SIGNATURE DATE WRITTEN NAME OF PERSON APPROVING CERTIFICATION YCCTPP Mini-Grant Subrecipient Agreement,JCPH,June 09,2025 Page 9 of 11 Appendix B Statement of Work and Budget Mini-grant Subrecipient Awardee: Jefferson Teen Center Title: Teen Center Open House Topic: Timeline Month/Date Action Item Description Early June Promotion Promote event with flyers and community outreach June 6, 2025 Host the Open House event, serving beverages and hot dogs and displaying Open House! photos. Water balloon fight! By June 27th Distribute t-shirts and stickers to youth; complete grant reporting YCCTPP Mini-Grant Subrecipient Agreement,JCPH, June 09,2025 Page 10 of 11 Topic: Budget Budget Item Amount Description Beverages and Hot $200 $5/per person-40 Dogs attendees Printing $125 Flyers and photos for the youth photography contest Merch $375 20 shirts and 100 stickers Event supplies $80 Tablecloths, plates., napkins, etc. Youth Incentives $50 1st, 2nd, 3rd place gift cards Programming $70 Water balloons • YCCTPP Mini-Grant Subrecipient Agreement,JCPH, June 09, 2025 Page 11 of 11