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HomeMy WebLinkAbout102218_ca05 615 Sheridan Street ' Port Townsend, WA 98368 c9e! son www.JeffersonCountyPublicHealth.org Consent Agenda Public Health September 24,2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, Developmental Disabilities Coordinator DATE: (0010 ' 2aDoic‘ SUBJECT: Agenda Item —Interagency Agreement between Washington State Employment Security Department and Jefferson County for Jefferson County Accessible Community Advisory Committee (ACAC); September 21st (regardless of the date of execution) — October 31, 2018; $1,897.50 STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities, requests Board approval to the interagency contract by Washington State's Employment Security Department for the Port Townsend Film Festival; September 21st (regardless of the date of execution) — October 31, 2018; $1,897.50 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Jefferson County Public Health, Developmental Disabilities, has contracted with Washington State Employment Security Department to support the showing of two films at the Port Townsend Film Festival held on September 21 ,22, & 23, 2018. The purpose of the films is to bring awareness to disabilities and those with disabilities making movies. FISCAL IMPACT/COST BENEFIT ANALYSIS: This is a grant funded project that is budget neutral and has no impact on the general fund. RECOMMENDATION: JCPH management request approval of an Interagency Agreement by Washington State's Employment Security Department. This agreement will become effective on September 21St (regardless of the date of execution) — October 31, 2018; $1,897.50 REVIEWED BY: r-Ade 40111Pif4ppr 16/c-2 Philip Morley, County Ad finis ator Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (t) 360-379-4487 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT AND JEFFERSON COUNTY ACCESSIBLE COMMUNITY ADVISORY COMMITTEE 1. INTRODUCTION This Agreement, pursuant to Chapter 39.34 Revised Code of Washington (RCW), is made and entered into by and between the Employment Security Department, hereinafter referred to as "ESD", and the Jefferson County Accessible Community Advisory Committee, hereinafter referred to as "County". 2. RESPONSIBILITY The County staff member responsible for management of this Contract is: Name: Anna McEnery Title: Developmental Disabilities Coordinator Telephone Number: 360-385-9410 E-mail Address: AMcEnery@co.jefferson.wa.us The ESD Program Manager responsible for the management of this Contract is: Name: Elaine Stefanowicz Title: Program Coordinator 3 Telephone Number: 360-902-9362 E-mail Address: estefanowicz@esd.wa.gov 3. PURPOSE It is the purpose of this Agreement to sponsor the showing of two films at the Port Townsend Film Festival to further bring awareness to disabilities as allowed under the Accessible Communities Act, RCW 50.40.073. 4. STATEMENT OF WORK County shall furnish the necessary personnel, equipment, material and/or services and otherwise to do all things necessary for or incidental to the performance of the work set forth in Attachment A, Statement of Work, attached hereto and incorporated herein. 5. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on September 21, 2018 regardless of the date of execution, and be completed on October 31, 2018, unless terminated sooner as provided herein. Revised November 2010 Page 1 of 7 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ 6. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed $1,897.50 (see Budget Narrative, Exhibit B). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. 7. BILLING PROCEDURE The County shall submit invoices to ESD, at the completion of each project with a progress report. Payment for approved and completed work will be made by warrant or account transfer by ESD within 30 days of receipt of the invoice. Upon expiration of this Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 8. DUPLICATION OF BILLED COSTS County shall not bill ESD for costs if County is being paid by another funding source for these same costs. 9. RECORDS MAINTENANCE a. The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. b. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose, or make available, this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 10.RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by ESD. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, Revised November 2010 Page 2 of 7 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ register, and the ability to transfer these rights. 11.INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 12.AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual Agreement 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. 13.INDEMNIFICATION Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees or agents. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 14.TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 15.TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 16.TERMINATION FOR FUNDING REASONS In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the affected party may unilaterally terminate this Agreement. Written notification of termination shall be mailed return receipt requested. Such action is effective upon receipt of the written notification. 17.DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, the parties agree to participate in mediation in good faith. The mediator shall be chosen by agreement of the parties. If the parties cannot agree on a mediator, the parties shall use a mediation service Revised November 2010 Page 3 of 7 ESD Agreement No. K6051 _ Other party Agreement No._DD-18-046_ that selects the mediator for the parties. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternative resolution method such as a disputes hearing, a Dispute Resolution Board, or arbitration. Either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 18.GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of Work; and c. Any other provisions of the Agreement, including materials incorporated by reference. 19.DEBARMENT AND SUSPENSION By executing this Agreement, County certifies that it is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 "Debarment and Suspension". County certifies that it will not contract with a subcontractor that is debarred or suspended. 20.ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 21.WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement, unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 22.SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are Revised November 2010 Page 4 of 7 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ declared to be severable. 23.USE AND DISCLOSURE OF INFORMATION County shall not disclose or misuse any private and confidential information obtained under this Agreement unless the disclosure is authorized by law and directly connected to the official purpose for which the information was obtained. The misuse or unauthorized release of private and confidential information shall subject County, its employees or agents to a civil penalty of five thousand dollars ($5,000) and other applicable sanctions under state and federal law. 24.AGREEMENT MANAGEMENT The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. 25.ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. Washington State Jefferson Count* Employment Security Department Brad McGarvie David Sullivan, Chair By By (print name) Acting Assistant Commissioner Jefferson Co. Board of Commissioners Title Title Signature Signature Date Date ATTEST: APPROVED AS TO FORM ONLY: By: By: Carolyn Gallaway, Deputy Clerk of the Board P . ., Prosecuting Attorney Exhibit A Statement of Work Exhibit B Budget Narrative Revised November 2010 Page 5 of 7 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ Exhibit A— Statement of Work Project Title: Port Townsend Film Festival Contact: Anna McEnery 615 Sheridan St. Port Townsend, WA 98368 360-385-9410 Project Description: ESD through its Governor's Committee on Disability Issues and Employment (GCDE) will partner with the Jefferson County ACAC to sponsor two films at the Port Townsend Film Festival held on September 21, 22, & 23 2018. ESD will provide $1,897.50 to Jefferson County ACAC to support the showing of two films at the Port Townsend Film Festival. The purpose of the films is to bring awareness to disabilities and those with disabilities making movies. Part of the goal of GCDE under RCW 50.40.073 is to improve disability awareness. By co-sponsoring two films connected to the field of disability at the Port Townsend Film Festival, ESD can change minds and impact lives, as there is power in the presentation of film. The movies and reception will be well attended and support the acceptance of people with disabilities. The two films are: 1. Intelligent Lives: A documentary about encouraging all of us to see our community members as capable and strong and intelligent (Chris Cooper is the narrator). The Film, Intelligent Lives introduces us to many different individuals and families that illustrate the full potential of friends and neighbors that might be dismissed as "disabled." https://intelligentlives.org/ 2. Beside Me: A film directed by Tedy Necula, an inspirational speaker in Romania. This film is not about disability, but Tedy the director has cerebral palsy. PTFF will show a film about the director him after the initial film. Revised November 2010 Page 6 of 7 ESD Agreement No._K6051_ Other party Agreement No._DD-18-046_ Exhibit B — Budget Cost to help bring two movies to Port Townsend ($500.00 each) $1,000.00 Staff time $ 650.00 Admin $ 247.50 TOTAL BUDGET REQUESTED 41:#13137.50 Revised November 2010 Page 7 of 7