HomeMy WebLinkAboutWashington State Employment Security Department - 031819ESD Agreement No. K6157
Other party Agreement No.
INTERAGENCY AGREEMENT
-� BETWEEN
WASHINGTON STATE
EMPLOYMENT SECURITY DEPARTMENT
AND
JEFFERSON COUNTY, WASHINGTON
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
FAX Number: xxx-xxx-xxxx
E-mail Address: AMcEnery@co.jefferson.wa.us
The ESD Program Manager responsible for the management of this Contract is:
Name: Elaine Stefanowicz
Title: Proaram Coordinator 3
Telephone Number: 360-902-9362
FAX Number: 360-586-4600
E-mail Address: estefanowicz(a-)_esd.wa.gov
It is the purpose of this Agreement to provide counties the opportunity to participate
in the Accessible Communities Act. The Legislature found that Washington State
provide residents with disabilities the opportunity to eliminate barriers. Through this
legislation, counties have the opportunity to form Accessible Community Advisory
Committees (ACAC) and develop projects in their communities that will increase the
disability awareness and accessibility of the County. Once these projects are
developed and approved by the Governor's Committee on Disability Issues (GCDE),
counties can receive funds to carry out these projects.
3. STATEMENT OF WORK
County shall furnish the necessary personnel, equipment, material and/or services
and otherwise do all things necessary for or incidental to the performance of the work
set forth in Exhibit A, Statement of Work, attached hereto and incorporated herein.
4. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall
commence on Contract Signing, and be completed one year from contract signing,
unless terminated sooner as provided herein.
Revised November 2010 Page 1 of 5
ESD Agreement No. K6157
Other party Agreement No.
5. 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 $54,003.31 (see Budget
Narrative, Exhibit A-1). 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.
6. 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.
7. DUPLICATION OF BILLED COSTS
County shall not bill ESD for costs if County is being paid by another funding source
for these same costs.
8. 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.
9. 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 5
ESD Agreement No. K6157
Other party Agreement No.
register, and the ability to transfer these rights.
10. 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.
11.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.
12. 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.
13. 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.
14.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.
15. 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.
16. 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
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
Revised November 2010 Page 3 of 5
ESD Agreement No. K6157
Other party Agreement No.
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.
17. 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.
M. -A914 14 1! 11 W- 1���b�� �I+�L�7`►1
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.
19.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.
20. 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.
21.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
declared to be severable.
22. 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
Revised November 2010 Page 4 of 5
ESD Agreement No. K6157
Other party Agreement No
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.
23.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.
24. TERMS AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed
by the Terms and Conditions contained in the text of this Contract instrument and the
General Terms and Conditions attached hereto as Exhibit B and incorporated herein.
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
Employment Security Department
Billie Wright
ay
Assistant Commissioner
Sig �ure��/
Oate
Jefferson County
Kate Dean
By (print name)
Jefferson County Commissioner
Title
Signature
3118
Date
APPROVED AS TMfCivt1-t"ty
LY:
Attachments: By: _
Exhibit A Statement of Work Phili t-[tt�sttcker. Prosecuting Atty
Exhibit A-1 Budget Narrative
Exhibit B General Terms and Conditions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Debarment and Suspension
Al -Mil
Qy.�q — 7t
Carolyn Gallus . Deputy Clerk of tho3oard
Revised November 2010 Page 5 of 5
ESD Agreement No. K6157
Other party Agreement No.
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.
23.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.
24. TERMS AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed
by the Terms and Conditions contained in the text of this Contract instrument and the
General Terms and Conditions attached hereto as Exhibit B and incorporated herein.
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
Employment Security Department
Billie Wright
By
Assistant Commissioner
Title
Signature
Date
Kate Dean
By (print name)
Jefferson Countv Commissioner
Title
Signature
3118 h
Date
APPROVED AS TO ORM ONLY:
Attachments: By. w
Exhibit A Statement of Work Phili Hu sucker, hief Civi eputy Prosecuting Atty
Exhibit A-1 Budget Narrative
Exhibit B General Terms and Conditions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Debarment and Suspension
ATTEST:
(?'�7,C-7dhJ,1_t1ZBy:L-
Carolyn GallawiJ, Deputy Clerk of th 2Poard
Revised November 2010 Page 5 of 5
Exhibit A: Statement of Work, Accessible Community Act Project Plan
IFFFFRgnN rnl INTY ArAr ?ni R -7n19
Project Plan
Title: Automatic Door Openers Grant for Contact: Kim Redmond
Quilcene Community Center Olympic Community Action
Programs
kredmond@olycap.org
(360)385-2571
Cell 360-301-6394
Project Description: To improve accessibility at the Quilcene Community Center 294952
Highway 101, Quilcene, WA 98376 by adding automatic door openers to the Front Door. This
project is in partnership with Jefferson County Central Services
Benefits:
Although all the doors are ADA compliant, they currently cannot be opened by
individuals in wheel chairs, using walkers or with difficulty walking. This
struggle precludes some of our most fragile community members from
entering without assistance. This grant would meet the needs of those
individuals who struggle with difficult door openings, allowing them more
access and independence.
Objectives:
The Quilcene Community Center (QCC) serves as an essential meeting venue
for community groups and non-profit agencies including a weekly Food Bank.
Every year thousands of community members use QCC for meetings or various
other events. This grant would enable QCC to welcome and serve individuals
on a daily basis with greater accessibility.
Deliverables:
Jefferson County Central Services will be responsible for the maintenance of
the automatic door to insure easy accessibility into the future.
Success Criteria:
In the remote rural Quilcene (Quilcene/Brinnon) community area the QCC is
the hub for diverse community events and classes, a weekly Food Bank,
SHIBA, AARP, VFW, Computer Lab, Lions Club, Foot Care, Yoga, Aerobics,
Memorials, Marriages and various special events for both Senior and the Youth
of our community. An average of over 2000 people come into or are served by
the QCC on any given month. The installation of new automatic door openers
will enable all people coming to the Center the opportunity to easily enter the
facility and participate in all events.
Accessible Community Act Project Plan
Resources Required:
One Stanley Magic Automatic Door Opener, 45"Right Hand outswing
Hardware Package including arm, wire harness, on /off switch decals
Installation of electrical wiring to two door openers , 4 3/4" Square
Button .
- Installed
** $ 3,475.00
Tax ** 312.75
Total ** $ 3,787.75
Electrical 120V service to auto door header, permits, bonds
Taxes ** $ 1,500.00
Total ** $ 5287.75
Jefferson County Central Services will partner with ACAC and commit to 20%
($ 1057.55 ) of the accrual total cost of the resources
required for this project. Therefore, we are requesting a grant in the amount
of
$ 4230.20
Potential Partners:
Olympic Community Action Program
Jefferson County Central Services
Potential Concerns
None
Project
Outside
Group
Jefferson County ADA Coordinator:
Partner
Jefferson County Central Services:
Members:
Mark Mc Cauley
Representatives:
Tom Walker
Olympic Community Action
Programs:
Kim Redmond
Exhibit A: Statement of Work, Accessible Community Act Project Plan
IFFFFRSON COUNTY ACAC 2018-2019
Project Plan
Title: Automatic Door Openers & Thresholds Contact: Kim Redmond
Grant Olympic Community Action
Programs
kred mond Cabo lyca p. org
(360) 385-2571 ext 6337
Cell 360-301-6394
Project Description: To improve accessibility at the Tri Area Community Center, 10 West Valley
Road, Chimacum, WA 98325, by adding automatic door openers to the front door. This project
is in partnership with Jefferson County Central Services.
Benefits:
Although all the doors are ADA compliant, they currently cannot be opened by
individuals in wheel chairs, using walkers or with difficulty walking. This
struggle precludes some of our most fragile community members from
entering without assistance. This grant would meet the needs of those
individuals who struggle with difficult door openings, allowing them more
access and independence.
Objectives:
The Tri Area Community Center (TACC) serves as an essential meeting venue
for community groups and non-profit agencies including senior meals, both
congregate and home delivered. Since February 1st 2018, thousands of
community members use the TACC for meetings or meals. This grant would
enable the TACC to welcome and serve individuals on a daily basis with
greater accessibility.
Deliverables:
Jefferson County Central Services will be responsible for the maintenance of
the automatic door opener and thresholds to insure easy accessibility into the
future.
Success Criteria:
In the rural Tri Area (Chimacum, Port Hadlock and Irondale) community, the
TACC is the hub for diverse community events: WIC, SHIBA, AARP events,
educational events and classes, weekly community Rotary luncheon, games
and special events. An average of 1900 people come into or are served by the
TACC on any given month. The installation of new thresholds and automatic
door openers will enable all people coming to the Center the opportunity to
easily enter the facility and participate in all events.
Accessible Community Act Project Plan
Resources Required:
One Stanley Magic Automatic Door Opener, 45'Right Hand outswing
Hardware Package including arm, wire harness, on /off switch decals
Installation of electrical wiring to two door openers , 4 3/4" Square
Button .
Installed
** $ 3,475.00
Tax ** 312.75
Total ** $ 3,787.75
Electrical 120V service to auto door header, permits, bonds
Taxes ** $ 1,500.00
Total ** $ 5287.75
Jefferson County Central Services will partner with ACAC and commit to 20% ($ 1057.55 )
of the accrual total cost of the resources required for this project. Therefore, we are requesting a grant in
the amount of
$ 4230.20
Olympic Community Action Program
Jefferson County Central Services
Potential Partners:
Olympic Community Action Program
Jefferson County Central Services
Potential Concerns
None
Project
Outside
Group
Jefferson County ADA Coordinator:
Partner
Jefferson County Central Services:
Members:
Mark McCauley
Representatives:
Tom Walker
Olympic Community Action
Programs:
Kim Redmond
Exhibit A: Statement of Work, Accessible Community Act Project Plan
7FFFERSON COUNTY ACAC 2018-2019
Project Plan
Title: Beach Wheelchair marketing Contact: Kim Rafferty
rafferty@olypen.com
Project Description:
Production of marketing materials with the purpose of increasing the local community's awareness of the
availability of the beach wheelchair purchased in 2016 through the ACAC.
Benefits:
Increased awareness of the availability of a beach wheelchair and walker at
Fort Worden will lead to increased usage by those in need of such a tool. The
beach wheelchair can improve the conditions of life for people with disabilities
who cannot access the beach otherwise.
The provision of a beach wheelchair/walker for use at no cost, provides relief
to those in need by reason of age, disability, ill -health, financial hardship or
other disadvantage.
Objectives:
To increase knowledge and awareness of the availability, location, and method
of access to the beach wheelchair/walker located at Fort Worden in Port
Townsend.
To work with Fort Worden PDA, the ACAC committee will develop various
modes of marketing materials to be used within the community and by Fort
Worden marketing group in order to increase usage and access to the beach
wheelchair/walker.
Deliverables:
Signage to be located at Fort Worden informing public of availability of the
beach wheelchair.
Rack cards providing relevant information regarding access to the beach
wheelchair, to be distributed throughout the community.
Social media exposure through Fort Worden website to be developed in
partnership with the ACAC, promoting the beach wheelchair/walker.
Informational sticker/plaque to be placed on the beach wheelchair/walker, that
identifies the ACAC/Fort Worden partnership and contact information
Success Criteria:
Increased use and knowledge of availability of the beach wheelchair and
walker to be measured by Fort Worden at checkout of equipment.
Creation of materials that are distributed throughout the community.
Information regarding wheelchair and walker included in Fort Worden Website.
Resources Required:
A budget of a $1,000 for all deliverables.
Potential Partners:
Jefferson County Public Health -Developmental Disabilities Program
Fort Worden Public Development Authority
Jefferson County ACAC
Potential Concerns
None.
Project
Kim Rafferty
Outside Partner
Fort Worden PDA Staff
Group
Anna Mc Enery
Representatives:
Members:
Exhibit A: Statement of Work, Accessible Community Act Project Plan
IFFFFRSCIN (Cll INTv AC'AC- 7n1 R -?n1 q
Project Plan
Title: DASH Entertainment and Cultural Contact: Pat Teal, DASH President
Venues Guide 360-385-1790,
contact dash ro ect.or
DASH (Disability Awareness
Starts Here), P.O. Box 603,
Port Hadlock WA 98559
Project Description:
Supplies of the DASH updated Accessible Entertainment and Cultural Venues Guide published in April
2016 are depleted and a new supply is needed for resupplying the distribution locations.
DASH will reprint and distribute the updated version of the DASH Accessible Entertainment and
Cultural Venues Guide listing fully accessible cultural venues evaluated by DASH members using ADA
guidelines. Included are entertainment venues, museums, libraries, art galleries and businesses
regularly having art exhibits. Entry notes include: ground surfaces and grades and other variations
from ADA standards that may be problematic for some; needed information where special
arrangements are available; and logistics information where helpful. Also included are separate lists
for venues that do not have accessible restrooms but are otherwise fully accessible.
Benefits:
People with disabilities can more easily participate in community cultural
life with informed confidence, lessening the common problem of
isolation. We distribute these Guides widely to locations visited by
tourists and locals, including the Visitor Centers, Community Center,
hotels, care facilities, local businesses and churches.
Objectives:
Print and distribute 2000 Guides to established and new distribution
points that welcome our brochures: visitor bureaus, accessible lodgings,
community centers and other community facilities.
Deliverables:
A large number of Guides will be distributed immediately and
replenished as needed for as long as our supply lasts.
Success Criteria:
Each DASH board member will use an existing chart of 44 assigned
distribution points to track the number of Guides distributed and
replenished bimonthly. Response from venues listed, distribution points
and from individuals using the Guide is also noted. The popularity of this
Guide is clear. We have distributed almost 2000 copies so far.
Resources Required:
Funds:38$ 6.54. SOS Printing quote is attached.
Conservatively estimated Board members time for distribution of Guides:
50 hours
Potential Partners:
We have identified new distribution sites and partner with them to make
the Guide available to patrons at those establishments.
Potential Concerns
None. Most locations that serve visitors and locals welcome the
opportunity to display these Guides and contribute to making Port
Townsend and the wider area more accessible to people with disabilities
and also to others who have a temporary mobility problem or other
difficulty such as sensory problems. The Guides are also helpful to older
Accessible Community Act Project Plan
people who sometimes find access difficult due to problems with vision,
coordination etc.
Project
DASH board members:
Group
Pat Teal, President of DASH
Members:
City of Port Townsend Non -
Motorized Transportation Board,
Voting Accessibility Advisory
Committee, Peninsula Housing
Authority
Bonnie Bolster, Treasurer and
project manager, Port Townsend
National Multiple Sclerosis
Society self-help group co -leader
Marion Huxtable
Jack McCreary
Miranda Nash, Jefferson Transit
Mobility & Outreach Coordinator
John Frasca
Nancy Johnson
David Griffiths
Exhibit A: Statement of Work, Accessible Community Act Project Plan
JEFFERSON COUNTY ACAC 2018-2019
Project Plan
Title: Jefferson County Fairgrounds Contact: Sue McIntire, Washington State
Accessibility Improvement — Commercial Fairs Association - Director -
Building Entry Threshold Replacement Position 4
360-385-1013
jeffcofairgroundsPolyl2en.com
Project Description: The Jefferson County Fairgrounds is host to the annual Jefferson County Fair each
summer. In addition, there are various community activities held at the Fairgrounds throughout the year. In
excess of 12,000 people attend the fair during the annual 3 -day fair weekend alone. The facility consists of
15+ exhibit buildings plus a number of outdoor exhibit and activity areas. Over half of these buildings and
activity areas are either inaccessible or difficult/dangerous to access for individuals with mobility issues. This
project will improve accessibility to the facility for residents of Jefferson County.
Benefits:
Improved accessibility at Jefferson County Fairgrounds will increase
opportunities for greater attendance at scheduled events and the likelihood
that new/additional events serving the community will be booked at the
facility. Having a more accessible facility is particularly important in Jefferson
County as this county has the highest median age of all counties in
Washington State and the sixth highest median age of all counties in the
United States. An additional potential benefit would be increased viability of
using the facility in support of area -wide emergency ex: earthquake).
Objectives:
Provide ADA -compliant access to much of the fairground that is currently
difficult, dangerous or impossible to reach for individuals with mobility issues.
This will increase potential usage of the facility.
Deliverables:
Introduce a smooth threshold from the paved road into the Commercial
Building. This is currently a step-up into the building which represents a
barrier to wheeled vehicle (scooter or wheelchair) entry and a tripping hazard
for ambulatory individuals.
Success Criteria:
This improvement will afford individuals with mobility issues to access the
Commercial Building with much greater ease and security.
Resources Required:
Estimate based on preliminary 3rd party bids for the improvement:
$6,875
Potential Partners:
Jefferson County Fair Association.
Jefferson County Department of Emergency Management.
Potential Concerns
None
Project
Anna McEnery
Outside
Sue McIntire, Jefferson County Fair
Group
Colleen Faragher-Horwell
Partner
Members:
Roland Fara her-Horwell
Representatives:
Exhibit A: Statement of Work, Accessible Community Act Project Plan
Project Plan
Title: To Participate in the
Contact: Anna McEnery
PTFF PROJECT Port Townsend
615 Sheridan St.
Movie Festival
Port Townsend, WA 98368
360-385-9410
Project Description: To partner with the Port Townsend Film Festival as a sponsor to show two
movies about disability.
These films are not yet chosen, but will be shown at the upcoming Port Townsend Film Festival that will
be held in September 2019.
Benefits:
Educate the community about disability and disability issues. We have co-
sponsored movies at past Film Festivals to great accolade.
Objectives:
In collaboration with the Port Townsend Film Festival the ACAC would like to
sponsor films about disability and disability issues.
Deliverables:
By co-sponsor two movies connected to the field of disability at the Port
Townsend Film Festival we can change minds and impact lives, as there is power
in the presentation of film.
Success Criteria:
The movies and reception will be well attended and support the acceptance of
people with disabilities. A quote from a past movie sums up the goal, "in these
films we see that disability is not the story of someone else: it is our story, of
who we are or may become."
Resources
Cost to help bring two movies to PT -$500 x 2=$1,000
Required:
TOTAL BUD6ET REQUESTED -$1000.00
Potential Partners:
The Port Townsend Film Festival, (PTFF) will be our primary partner in this
endeavour. The County & ACAC Committee members will partner with PTFF.
Potential Concerns
Project Group
Anna Mc Enery and
Outside Partner
Janette Force, Executive Director
Members:
Kelly Matlock
Representatives:
Port Townsend Film Festival
211 Taylor St. Suite 401 A
Port Townsend, WA 98369
360.379.1333 Cell 360.774.1978
Exhibit A: Statement of Work, Accessible Community Act Project Plan
JEFFERSON COUNTY ACAC 2018-2019
Project Plan
Title: JUMP! Marketing Materials Contact: Sarah Grossman
360-531-1144
sarahg59@gmaii.com
Project Description: Print and distribute marketing materials to local businesses to increase
awareness of project and seek more donations toward project.
Benefits:
Jefferson County does NOT have any accessible playgrounds, and JUMP!
(Jefferson Universal Movement Playground) is raising the funds to build the
first of its kind in our area. Jefferson County Parks & Rec defined a need for 9
more playgrounds in their Open Space plan of 2015, and none have been built.
We need to raise awareness and more funds for this project.
Objectives:
To develop increased awareness of the need for an accessible and inclusive
playground that will provide play and social interaction opportunities for all the
children in East Jefferson County.
To raise more funds through marketing materials and donation envelopes that
will be placed at various businesses in town.
Deliverables:
20 Color printed info sheets $16.25 (SOS Printing)
20 Plexiglas holders $179.52 (Displays2go)
25 Rack Card holders $43.59 (Amazon)
500 Rack Cards $124.90 (Next Day Flyer)
500 donation envelopes $84.96 (SOS Printing)
Banner for fundraising events $43.28 (Build sign)
500 Stickers $167.00 (Stickrobot)
Total Marketing Costs: $659.50
Success Criteria:
Increased visits to our website, Facebook page, emails and donations after
placing these in various businesses in Port Townsend, Hadlock, Chimacum,
uilcene and Port Ludlow.
Resources Required:
Graphic design work is being donated by Philip Shaw of Golden Lasso design.
Printing from SOS and other printers. Plexiglas or Lucite holders to be ordered.
Potential Partners:
Parks & Rec, various service organizations (Rotary, Kiwanis, etc).
Potential Concerns
None
Project
Sarah Grossman
Outside
Group
Partner
Sarah McNulty, Diane Haas, Bobbie
Members:
Representatives:
Butler, Arnie Haskins, Phil Rowe,
Exhibit A: Statement of Work, Accessible Community Act Project Plan
JEFFERSON COUNTY ACAC 2018-2019
Project Plan
Title: Jefferson County Fairgrounds Contact: Sue McIntire, Washington State
Accessibility Improvement — Fairs Association - Director -
New Sidewalk to Bathroom Building Position 4
360-385-1013
jeffcofairgrounds0olypen.com
Project Description: The Jefferson County Fairgrounds is host to the annual Jefferson County Fair each
summer. In addition, there are various community activities held at the Fairgrounds throughout the year. In
excess of 12,000 people attend the fair during the annual 3 -day fair weekend alone. The facility consists of
15+ exhibit buildings plus a number of outdoor exhibit and activity areas. Over half of these buildings and
activity areas (including the main restroom building) are either inaccessible or difficult/dangerous to access
for individuals with mobility issues. This project will improve accessibility to the facility for residents of
Jefferson County.
Benefits:
Improved accessibility at Jefferson County Fairgrounds will increase
opportunities for greater attendance at scheduled events and the likelihood
that new/additional events serving the community will be booked at the
facility. Having a more accessible facility is particularly important in Jefferson
County as this county has the highest median age of all counties in
Washington State and the sixth highest median age of all counties in the
United States. An additional potential benefit would be increased viability of
using the facility in support of area -wide emergency ex: earthquake).
Objectives:
Provide ADA -compliant access to much of the fairground that is currently
difficult, dangerous or impossible to reach for individuals with mobility issues.
This will increase potential usage of the facility.
Deliverables:
Introduce a new 6' wide sidewalk across the Food Court lawn beginning at the
Rock Club building where the current sidewalk terminates and ending at the
long gravel road across from the main restroom building.
Success Criteria:
This improvement will afford individuals with mobility issues to attend events
with much greater ease and security. In particular, this will allow individuals
with mobility issues to access the main restroom facility at the fair as well as
the food vendor area — neither of which is currently accessible.
Resources Required:
Estimate based on preliminary 3rd party bid for this improvement:
$16,875
Potential Partners:
Jefferson County Fair Association.
Jefferson County Department of Emergency Management,
Potential Concerns
None
Project
Anna McEnery
Outside
Sue McIntire, Jefferson County Fair
Group
Colleen Faragher-Horwell
Partner
Members:
Roland Fara her-Horwell
Re resentatives:
Exhibit A: Statement of Work, Accessible Community Act Project Plan
JEFFERSON COUNTY ACAC 2018-2019
Project Plan
Title: Year-round Youth Enrichment Contact: Jessie Wedmore
and Literacy for Kids in 360-385-5811 ext270
Jefferson County
Project
The YMCA meets the need for affordable youth enrichment and literacy programs with year -
round after school programs and the Summer Meals and Literacy program which is provided
Description:
at no -cost to all youth community members during the summer months. Summer Literacy is
offered at the following sites: —
• Mountain View Commons literacy programs offered -Monday -Friday for four hours daily
for 8 weeks.
• Quilcene School —literacy programs are offered Monday -Thursday for three hours daily
for 8 weeks.
• Brinnon Community Center —literacy programs are offered Monday -Thursday for 90
minutes for 4 weeks. Port Townsend Mountain View Campus —literacy programs
Monday -Friday for 90 minutes 11 weeks.
Literacy curriculum is incorporated into our After the Bell program — The Y's after school
youth enrichment program, at Mountain View Commons and in Chimacum Schools, during
the school Year. All children participating in Youth Enrichment programs have access to free
children's books to take home to encourage reading and build on their reading skills.
Summer Literacy and After -The -Bell programs are ideal programs for incorporating books
with themes that address disabilities and inclusion.
Benefits:
Incorporating children's books with themes that address disabilities and inclusion into our
existing inventory of children's books and into our literacy curriculum will contribute to more
inclusive youth enrichment activities and a more welcoming Y community for children and
youth. The addition of books about people with disabilities will enhance the quality of our
program by offering children an opportunity to learn about the diverse needs and abilities of
individuals and children.
Objectives:
Identify and purchase children's books with themes that address disabilities and inclusion
and to incorporate these books into our after school and summer program libraries and
literacy curriculum. Additionally, it is our objective to provide free books that cover diversity
of issues to children participating in our literacy programs. Books can also be made
available to children participating in our Building Futures mentoring program.
Deliverables:
The YMCA of Jefferson County will purchase and distribute Children's Books about children
with disabilities to each of our Literacy sites and to our After the Bell program. Books will
also be provided to children and youth participating in our youth development programs.
Success
1. Each literacy site will have an assortment of children's books about children or adults
Criteria:
with disabilities
2. Children's Books about disabilities are incorporate into our literacy curriculum ensuring
that children and youth are encouraged to actively engage with the books and discuss
the themes the books address.
Resources
500 children's books (500 X $5 =$2500) about children and adults with disabilities:
Required:
250 distributed to children participating in Summer Literacy Program
150 distributed to children participating in After the Bell Enrichment Program
100 for our YMCA library — rotated between our two After the Bell sites and our Building
Futures Program with option to donate some of these to local libraries
Potential
Jefferson County Library, Port Townsend Library, Port Townsend, Chimacum, Quilcene and
Partners:
Brinnon Schools.
Potential
None
Concerns
Project
Anna McEnery
Outside
Jessie Wedmore, Branch Manager
Group
Partner
Rowan Matkins, Youth Programs Coordinator
Members:
Representative
Travis Vance -Youth Programs Coordinator
ACA Projects Exhibit A-1 Budget Narrative 1/30/19
JEFFERSON COUNTY Accessible Communities Advisory Committee
Projects
Exhibit A-1 Budget Narrative
Personnel: Provide a description and explanation for any salaries or benefits that would be charged to
this grant. Provide a description for each individual who would be paid under this grant and separate
subtotals for salaries and benefits at the end of the section.
Anna Mc Enery, Jefferson County Developmental Disabilities Coordinator -Project Oversight & Staff to
the Committee:
Salary w/ Fringe Benefits: $51.88/hour (17 hours each MTH for 1 year=204 HRS Total)
Ms. Mc Enery will schedule and facilitate project planning group meetings, including: creating agendas,
(with group input) emailing out mtg notice reminders, agendas and notes, scheduling the meeting
space, while securing alternate format materials when requested. Other duties may include the
following: reviewing & oversight of any contracts, review -signing off of any invoices for payment,
oversight of budget/projections via a monthly spreadsheet, problem solving, technical assistance with
members and projects when needed, (via mtgs, emails, phone calls).
Anna McEnery will liaison/partner with: the Committee Chair and the Committee Members in charge of
the Projects, and Jefferson County Public Health, Jefferson County Fairgrounds, the Jefferson Universal
Movement Playground -(JUMP), YMCA, Fort Worden PDA, PT Film Festival, Jefferson County Central
Services and local Newspapers and Radio. In partnership with Committee Members, Anna Mc Enery will
continue to support the recruitment of new members and the orientation of participating Committee
members.
Salaries & Benefits Total: $10,583.40
Subtotal Facilities: Public Health MTG Room is FREE; In -Kind donation
Subtotal Travel: Not Requested at this time
Subtotal Accommodations: Not Requested at this time
ACA Projects Exhibit A-1 Budget Narrative 1/30/19
Contractual: Please see attachments for documentation on the following Projects and the excel
spreadsheet for the Committee's Projects.
ACAC GRANT PROJECTS GRANTED 2019
GRANTED
ADA Access at Jefferson County Fairgrounds
A. new sidewalk to bathroom building
16,875.00
B. remove threshold on Commercial Building
6,875.00
TOTAL for Fairgrounds
23,750.00
ADA Accessible Main Doors Tri -Area Com. Center
4,230.20
ADA Accessible Main Doors @ Quilcene Com. Center
4,230.20
YMCA/Library-Books about Disability/Literacy Program
2,500.00
JUMP Marketing Materials
659.50
DASH
386.54
Co -sponsoring PT Film Festival Movies
1,000.00
Beach Wheelchair/Marketing/Signs/Brochure
1,000.00
Subtotal
$ 37,756.44
Admin for the grant (15%) -(Other Costs) 5,663.47
Staff time (12 MONTHS) 10,583.40
Subtotal $ 16,246.87
TOTAL $ 54,003.31
Total Contractual: $54,003.31
Subtotal Supplies: Not Requested at this time
Admin -Other Costs: Describe and explain any other costs necessary for the project.
Jefferson County Public Health's 2019 administration rate is normally 33.69% but is only asking for 15%
for this grant due to the limited funding available.
Administration covers the cost of the admin staff, including the Director, Deputy Director, Public Health
Assistants, Financial Operation Coordinators, and direct expenses for each of these staff such as
computers, vehicles, building rent, phones, supplies, etc.
Subtotal Other Costs: $ 5,336.47
2
ACA Projects Exhibit A-1 Budget Narrative 1/30/19
Project Budget
Personnel:
$
10,583.40
Facilities:
0
Travel:
0
Reasonable Accommodations:
—0—
Contractual:
$
37,756.44
Supplies and Materials:
0
Admin -Other Costs:
$
5,663.41
Total:
$ 54,003.31
In -Kind
Describe and provide values for planned in-kind contributions in support of this project. This
should include the person hours contributed by ACAC members and other volunteers. It should
include the value of the time of County staff and the staff of other partners, not paid by this
grant. Examples of other types of in-kind contributions include the use of facilities and donated
services, such as speakers, trainers, or consultants.
ACAC VOLUNTEER TIME. Sub -total. (Staff has requested this info from Committee members)
The use of the Public Health meeting room and facilities is in-kind.
When the Jefferson County ADA Coordinator attends ACAC meetings that is also in-kind.
3
GENERAL TERMS AND CONDITIONS
INDEX
ITEM
PAGES
PARTI
- DEFINITIONS.............................................................................................................................................2
PART II
- GENERAL CONDITIONS............................................................................................................................. 3
A.
ACCEPTANCE................................................................................................................................................3
B.
ACCESS TO RECORDS AND FACILITIES / AUDITS.................................................................................3
C.
ADVANCE PAYMENTS PROHIBITED........................................................................................................3
D.
ASSIGNMENT................................................................................................................................................3
E.
ASSURANCES................................................................................................................................................3
F.
ATTORNEY FEES AND COSTS....................................................................................................................4
G.
CHANGES AND MODIFICATIONS..............................................................................................................4
H.
COMMENCEMENT OF CONTRACT WORK...............................................................................................5
I.
CONFLICT OF INTEREST.............................................................................................................................5
J.
CONFORMANCE...........................................................................................................................................5
K.
CONTRACTOR REGISTRATION.................................................................................................................5
L.
COPYRIGHT PROVISIONS...........................................................................................................................5
M.
COVENANT AGAINST CONTINGENT FEES.........................................................................................6
N.
DEBARMENT AND SUSPENSION...............................................................................................................6
O.
DISALLOWED COSTS...................................................................................................................................7
P.
DISPUTES.......................................................................................................................................................7
Q.
DUPLICATION OF BILLED COSTS.............................................................................................................7
R.
GOVERNING LAW........................................................................................................................................7
S.
INDEMNIFICATION, INSURANCE AND BONDING.................................................................................7
T.
INDEPENDENT CAPACITY OF CONTRACTOR........................................................................................9
V.
INDUSTRIAL INSURANCE COVERAGE....................................................................................................9
W.
LICENSING AND ACCREDITATION......................................................................................................9
X.
LIMITATION OF SIGNATURE AUTHORITY...........................................................................................10
Y.
LOBBYING ACTIVITIES.............................................................................................................................10
Z.
MAINTENANCE OF EFFORT.....................................................................................................................10
AA.
NONDISCRIMINATION..........................................................................................................................10
BB.
PATENT RIGHTS.....................................................................................................................................11
CC.
PELL GRANTS.........................................................................................................................................11
DD.
PRICE WARRANT...................................................................................................................................11
EE.
RECORD RETENTION............................................................................................................................11
FF.
SAFEGUARDING OF CLIENT INFORMATION...................................................................................12
HH.
SEVERABILITY.......................................................................................................................................12
IL
SINGLE AUDIT ACT REQUIREMENTS....................................................................................................13
JJ.
SITE SECURITY...........................................................................................................................................13
KK.
SMALL, MINORITY, AND WOMEN -OWNED BUSINESS ENTERPRISES........................................13
LL.
SUBCONTRACTING...............................................................................................................................13
MM.
TAXES.......................................................................................................................................................13
NN.
TERMINATION, SUSPENSION AND REMEDIES................................................................................14
00.
TERMINATION PROCEDURE................................................................................................................15
PP.
TREATMENT OF ASSETS......................................................................................................................16
QQ.
USE OF NAME PROHIBITED.................................................................................................................16
RR.
WAIVER....................................................................................................................................................16
SS.
ENERGY POLICY AND CONSERVATION ACT..................................................................................16
TT.
CLEAN AIR ACT......................................................................................................................................16
UU.
DAVIS-BACON ACT...............................................................................................................................17
VV.
COPELAND ANTI -KICKBACK ACT.....................................................................................................17
WW.
WAGES AND HOURS..............................................................................................................................17
EQUAL OPPORTUNITY IS THE LAW.........................................................................................................................1
Approved as to form by AGO March 2010 Revised by ESD February 2015
Page 1 of 18
GENERAL TERMS AND CONDITIONS
PART I - DEFINITIONS
As used throughout this Contract, the following terms shall have the meanings set forth below.
A. "CLIENT" shall_ mean any agency, firm, organization, individual or other entity applying for or
receiving services under this Contract.
B. "CONTRACTOR" shall mean that agency, firm, organization, individual or other entity
performing services under this Contract. It shall include any SUBCONTRACTOR retained by
the prime contractor as permitted under the terms of this Contract.
C. "AGENCY" shall mean the Employment Security Department of the state of Washington, any
division, section, office, unit or other entity of that Agency or any of the officers or other officials
lawfully representing the Agency.
D. "MINORITY BUSINESS ENTERPRISE," "MINORITY-OWNED BUSINESS
ENTERPRISE," or "MBE" shall mean a business organized for profit, performing a commercially
useful function, which is legitimately owned and controlled by one or more minority individuals
or minority business enterprises certified by the Office of Minority and Women's Business
Enterprises. The minority owners must be United States citizens or lawful permanent residents.
E. "SUBCONTRACTOR" shall mean one, not in the employment of the Contractor, who is
performing all or part of those services under this Contract under Contract from the
CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" mean
SUBCONTRACT(s) in any tier.
F. "WOMEN'S BUSINESS ENTERPRISE," "WOMEN -OWNED BUSINESS ENTERPRISE," or
"WBE" shall mean a business organized for profit, performing a commercially useful function,
which is legitimately owned and controlled by one or more women or women's business
enterprises certified by the Office of Minority and Women's Business Enterprises. The women
owners must be United States citizens or lawful permanent residents.
Approved as to form by AGO March 2010 Page 2 of 18 Revised by ESD February 2015
PART II - GENERAL CONDITIONS
A. ACCEPTANCE
It is understood and agreed by and between the Agency and the Contractor that the
Contractor's payment is conditioned upon satisfactory performance and acceptance by the
Agency. The Agency reserves the right to withhold payment of any deliverable contingent
upon acceptance of the deliverable by the Agency. If defects preventing acceptance of a
deliverable are present, the Agency shall immediately notify the Contractor in writing of
the nature of the defects and the method of remedy of those defects. The Contractor will
take timely action to remedy defects as to permit acceptance of the subject deliverable.
Notwithstanding the other provisions of this Contract, the Agency shall not unreasonably
withhold acceptance of a deliverable nor reimbursement of the Contractor.
B. ACCESS TO RECORDS AND FACILITIES / AUDITS
The Office of the State Auditor, federal grantor agency, the Comptroller General of the United
States or any of their duly authorized representatives, and any persons duly authorized by the
Agency shall have full access to and the right to examine and copy any or all books, records,
papers, documents and other material regardless of form or type which are pertinent to the
performance of this Contract, or reflect all direct and indirect costs of any nature expended in
the performance of this Contract. In addition, these entities shall have the right to access,
examine and inspect any site where any phase of the program is being conducted, controlled
or advanced in any way. Such sites may include the home office, any branch office, or other
locations of the Contractor. The Contractor shall maintain its records and accounts in such a
way as to facilitate the audit and examination, and assure that Subcontractors also maintain
records that are auditable. Access shall be at all reasonable times not limited to the required
retention period but as long as records are retained, and at no additional cost to the Agency.
C. ADVANCE PAYMENTS PROHIBITED
No payment in advance or in anticipation of services or supplies to be provided by this
Contract shall be made by the Agency. In cost reimbursement contracts, the Contractor shall
be entitled only to reimbursement for expenses incurred during the contract period for work
accomplished as provided elsewhere in this Contract. In fixed unit price contracts, the
Contractor shall be entitled only to payment for work accomplished during the contract period
and in accordance with the terms of this Contract.
D. ASSIGNMENT
The work to be provided under this Contract, 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.
E. ASSURANCES
The Agency and the Contractor agree that all activity pursuant to this Contract will be in
accordance with all applicable current or future federal, state or local laws, rules and
regulations.
If this Contract is funded by the Workforce Investment Act (WIA), the Contractor shall
conduct the program in accordance with the existing or hereafter amended WIA, the U.S.
Department of Labor's regulations relating to WIA, and the Washington State WIA Policies.
Assurances Under Title I of WIA
Approved as to form by AGO March 2010 Revised by ESD February 2015
Page 3 of 18
As a condition to the award of financial assistance from the Department of Labor under Title
I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination and
equal opportunity provisions of the following laws:
a. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits
discrimination against all individuals in the United States on the basis of race, color,
religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant
authorized to work in the United States, or participation in any WIA Title I —
financially assisted program or activity;
b. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination
on the bases of race, color and national origin;
c. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified individuals with disabilities;
d. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; and
e. Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CFR part 37 and all other
regulations implementing the laws listed above. This assurance applies to the grant
applicant's operation of the WIA Title I — financially assisted program or activity, and
to all agreements the grant applicant makes to cant' out the WIA Title I — financially
assisted program or activity. The grant applicant understands that the United States
has the right to seek judicial enforcement of this assurance.
F. ATTORNEY FEES AND COSTS
If any litigation is brought to enforce this Contract or any litigation arises out of any contract
term, clause or provision, each party shall be responsible for its own expenses, costs and
attorney fees.
G. CHANGES AND MODIFICATIONS
a. The Agency or Contractor may, from time to time, request changes in the services to
be performed, or in the project undertaken. Such changes, including any increase or
decrease in the amount of payment or reimbursement, which are mutually agreed upon
by and between the Agency and the Contractor shall be incorporated in written
modifications to this Contract.
b. The Contractor may make changes to the budget, without a formal modification to the
contract and without securing the prior approval of the Agency, under the following
conditions:
i. The revisions must not result in the need for additional funding.
ii. Such changes must not alter the scope of the Contract's Statement of Work
and must not be prohibited by applicable federal or state statutes or
regulations.
iii. No transfers are allowed from the training category or direct payments to
trainees to other expense categories without a formal contract modification.
iv. The Contractor may vary actual expenditures within the major cost categories
of the budget without securing the prior approval of the Agency when such
Approved as to form by AGO March 2010 Page 4 of 18 Revised by ESD February 2015
variances do not exceed ten percent (10%) of the total costs originally
budgeted in that category. Such variances may be between line items only and
may not alter the total amount of money originally budgeted in the major cost
category. The Contractor will send written notices of such changes to the
Agency.
c. Alteration of the terms of this Contract shall be valid only when in writing and
signed by the authorized representatives of the parties.
H. COMMENCEMENT OF CONTRACT WORK
Unless specifically exempted, the state of Washington Office of Financial Management
(OFM) requires that all sole source personal service contracts and amendments thereto and
competitively bid personal service contracts for management consulting, organizational
development, marketing, communications, employee training and employee recruiting be
approved by OFM to become binding. The personal service contract and amendments thereto
must be filed with OFM at least ten (10) working days prior to the effective date. No work
may be performed nor any payment be rendered or obligation for future payment be incurred
prior to the completion of the ten (10) working day period and approval of OFM.
L CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the
Agency may, in its sole discretion, by written notice to the Contractor terminate this Contract
if it is found after due notice and examination by the Agency that there is a violation of the
Ethics in Public Service Act, RCW 42.52, or any similar statute involving the Contractor in
the procurement of, or performance under, this Contract.
In the event this Contract is terminated as provided above, the Agency shall be entitled to
pursue the same remedies against the Contractor as it could pursue in the event of a breach of
this Contract by the Contractor. The rights and remedies of the Agency provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by
law. The existence of facts upon which the Agency makes any determination under this clause
shall be an issue and may be reviewed as provided in the DISPUTES clause of this Contract.
J. CONFORMANCE
If any provision of this Contract is in conflict with or violates any statute or rule of law of the
state of Washington, it is considered modified to conform to that statute or rule of law.
K. CONTRACTOR REGISTRATION
The Contractor agrees to complete registration with the Department of Revenue, Department
of Labor and Industries New Account Division and Employment Security Tax Administration
by having filed a master business application prior to the execution of this Contract and to pay
any taxes, fees, or deposits required by the state as a condition of providing services under
this Contract. Contractor will provide the Agency with its Washington Unified Business
Identifier (UBI) number and its Washington Department of Revenue tax account number, and,
if applicable, its Labor and Industries account number and its Unemployment Insurance tax
number, if registration with these agencies occurred prior to January 2, 1987. Required
information will be provided prior to the Contractor commencing services under this Contract.
L. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered
"works for hire" as defined by the U.S. Copyright Act and shall be owned by the Agency. The
Approved as to form by AGO March 2010 Page 5 of 18 Revised by ESD February 2015
1!�
IIM
Agency shall be considered the author of such Materials. In the event the Materials are not
considered "works for hire" under the U.S. Copyright Laws, Contractor hereby irrevocably
assigns all right, title, and interest in Materials, including all intellectual property rights, to the
Agency effective from the moment of creation of such Materials.
Materials means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright,
patent, register and the ability to transfer these rights.
For Materials that are delivered under this Contract, but that incorporate preexisting materials
not produced under this Contract, Contractor hereby grants to the Agency a nonexclusive,
royalty -free, irrevocable license (with rights to sublicense others) in such Materials to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
Contractor warrants and represents that Contractor has all rights and permissions, including
intellectual property rights, moral rights and rights of publicity, necessary to grant such a
license to the Agency.
In cases where such materials have been purchased with federal funds, the federal awarding
agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use, for federal government purposes;
a. The copyright in any work developed under a contract; and
b. Any rights of copyright to which a contractor purchases ownership with contract
funding support.
The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery
of data furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of
this Contract. The Agency shall receive prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any data delivered under this Contract.
The Agency shall have the right to modify or remove any restrictive markings placed upon
the data by the Contractor.
COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agent has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agent maintained by the Contractor for the purpose of securing business. The
Agency shall have the right, in the event of breach of this clause by the Contractor, to annul
this Contract without liability or, in its discretion, to deduct from the contract price or
consideration or otherwise recover by other means the full amount of such commission,
percentage, brokerage or contingent fees. In no event shall the Agency be liable for any
brokerage or contingent fees.
DEBARMENT AND SUSPENSION
The Contractor has provided, in Exhibit D to this Agreement, its certification that it is in
compliance with and shall not contract with individuals or organizations which are debarred,
suspended, or otherwise excluded from or ineligible from participation in Federal Assistance
Programs under Executive Order 12549, and "Debarment and Suspension, codified at 29 CFR
part 98.
Approved as to form by AGO March 2010 Page 6 of 18 Revised by ESD February 2015
O. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
P. DISPUTES
Except as otherwise provided in this Contract, 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 that selects the mediator for
the parties. Nothing in this Contract 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.
Q. DUPLICATION OF BILLED COSTS
The Contractor shall not bill the Agency for costs if the Contractor is being paid by another
funding source for those same costs. Workforce Investment Act (WIA) costs are defined as
any (1) administration, (2) direct training or (3) training related or supportive service charges.
R. GOVERNING LAW
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
S. INDEMNIFICATION, INSURANCE AND BONDING
a. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold
harmless the state of Washington, the Agency, and all officials, agents, and
employees of State, from and against all claims for injuries or death arising out of
or resulting from the performance of this Contract. Contractor's obligation to
indemnify, defend, and hold harmless includes any claim by Contractor's agents,
employees, representatives, or any Subcontractor, or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for
any claim arising out of or incident to Contractor's or any Subcontractor's
performance or failure to perform this Contract. Contractor's obligation to
indemnify, defend and hold harmless the State shall not be eliminated or reduced
by any actual or alleged concurrent negligence of State or its agents, agencies,
employees or officials.
Contractor waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend and hold harmless State and its agencies, officials, agents or
employees.
Vendor shall, during the term of this Contract, maintain in full force and effect, the
insurance described in this Section. Vendor shall acquire such insurance from an
insurance carrier or carriers licensed to conduct business in the state of Washington
having a rating of A-, Class VII or better, in the most recently published edition of
Best's Reports. In the event of cancellation, non -renewal, revocation, or other
termination of any insurance coverage required by this Contract, Vendor shall
provide written notice of such to Purchaser within five Business Days of Vendor's
receipt of such notice. Failure to buy and maintain the required insurance may, at
Purchaser's sole option, result in this Contract's termination.
Approved as to form by AGO March 2010 Page 7 of 18 Revised by ESD February 2015
g)
All insurance provided by Vendor shall be primary as to any other insurance or
self-insurance programs afforded to or maintained by the State and shall include a
severability of interests (cross -liability) provision.
Subcontractor(s) shall comply fully with all insurance requirements stated herein.
Failure of Subcontractor(s) to comply with insurance requirements does not limit
Vendor's liability or responsibility.
Vendor shall furnish to Purchaser copies of certificates of all required insurance
within thirty (30) calendar days of this Contract's Effective Date and copies of
renewal certificates of all required insurance within thirty (30) days after the
renewal date. These certificates of insurance must expressly indicate compliance
with each and every insurance requirement specified in this Section. Failure to
provide evidence of coverage may, at Purchaser's sole option, result in this
Contract's termination.
By requiring insurance herein, Purchaser does not represent that coverage and
limits will be adequate to protect Vendor. Such coverage and limits shall not limit
Vendor's liability under the indemnities and reimbursements granted to Purchaser
in this Contract.
For Professional Liability Errors and Omissions coverage and Crime Coverage,
Vendor shall continue such coverage for one year beyond the expiration or
termination of this Contract and providing Purchaser with certificates of insurance
on an annual basis.
Vendor shall pay premiums on all insurance policies. Such insurance policies shall
reference this Contract number and shall have a condition that they not be revoked
by the insurer until 30 calendar days after notice of intended revocation thereof
shall have been given to Purchaser by the insurer.
Minimum Acceptable Limits
The minimum acceptable limits shall be as indicated below, with no deductible for
each of the following categories:
Commercial General Liability covering the risks of bodily injury (including death),
property damage and personal injury, including coverage for contractual liability,
with a limit of not less than $1 million per occurrence/$2 million general aggregate;
Business Automobile Liability (owned, hired, or non -owned) covering the risks of
bodily injury (including death) and property damage, with a combined single limit
of not less than $1 million per accident;
Employers Liability insurance covering the risks of Vendor's employees' bodily
injury by accident or disease with limits of not less than $1 million per accident for
bodily injury by accident and $1 million per employee for bodily injury by disease;
Umbrella policy providing excess limits over the primary policies in an amount not
less than $3 million;
Professional Liability Errors and Omissions, with a deductible not to exceed
$25,000, conditioned upon this Section, and coverage of not less than $10 million
claims;
Crime Coverage with a deductible not to exceed $100,000, conditioned upon this
Section, and coverage of not less than $1 million single limit per occurrence, which
shall at a minimum cover occurrences falling in the following categories:
Computer Fraud; Forgery; Money and Securities; and Employee Dishonesty; and,
Cyber -security insurance, with coverage of not less than $1 million per claim/$2
million general aggregate, that includes but is not limited to coverage for first -party
costs and third -party claims from: (i) failure to protect data, including unauthorized
disclosure, use or access, (ii) security failure or privacy breach, (iii) failure to
disclose such breaches as required by law, regulation or contract, (iv) notifications,
Approved as to form by AGO March 2010 Page 8 of 18 Revised by ESD February 2015
T.
U.
1�
public relations, credit monitoring, postage, advertising, and other services to assist
in managing and mitigating a cyber -incident, (v) interruptions of business
operations, (vi) network security failure, (vii) cyber -extortion, (viii) cyber -
terrorism, (ix) communications and media liability (e.g., infringement of copyright,
title, slogan, trademark, trade name, trade dress, service mark or service name in
the policyholder's covered material), (x) EFT, computer, and electronic
transmissions fraud and theft, and (xi) other cyber -liability and cyber -crime
expenses.
INDEPENDENT CAPACITY OF 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 this Contract are not
employees or agents of the Agency. The Contractor will not hold himself/herself out as, nor
claim to be an officer or employee of, the Agency or of the state of Washington by reason
hereof, nor will the Contractor make any claim of right, privilege or benefit which would
accrue to such employee under law. Conduct and control of the work will be solely with the
Contractor.
INFORMATION TECHNOLOGY RESOURCES
All WorkSource partners, customers and WIA service providers are required to conserve
and protect state resources for the benefit of the public interest. This requirement is
necessary to maintain public trust, conserve public resources and protect the integrity of
state information resources and systems. Active compliance with this requirement will
limit risk and liability for WorkSource partners and customers, as well as individual
employees.
All WorkSource partners, customers and WIA service providers must conform to WIA
Policy #3460 and ESD Policy and Procedure #2016, each of which is hereby incorporated
by reference when using ESD -provided state-owned information technology resources.
INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties
on behalf of its employees as may be required by law, Agency may collect from the Contractor
the full amount payable to the Industrial Insurance accident fund.
The Agency may:
a. Deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by Agency under this Contract; and
b. Transmit the deducted amount to the Department of Labor and Industries (L&I),
Division of Insurance Services.
This provision does not waive any of L&I's right to collect from the Contractor.
LICENSING AND ACCREDITATION
The Contractor shall comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements/standards, necessary for the performance of this
Contract.
Approved as to form by AGO March 2010 Page 9 of 18 Revised by ESD February 2015
X. LIMITATION OF SIGNATURE AUTHORITY
Only the Commissioner or Commissioner's delegate by writing (delegation to be made prior
to action) shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this Contract is not effective or binding
unless made in writing and signed by the Commissioner or Commissioner's delegate.
Y. LOBBYING ACTIVITIES
The Contractor has provided, in Exhibit C to this Agreement, its certification that it is in compliance
with the requirements of 29 CFR Part 93, restricting lobbying activities. The Contractor shall also
make available upon request required disclosure information if the Contractor participates in
lobbying activities during the Contract period.
Z. MAINTENANCE OF EFFORT
The Contractor shall ensure the following:
a. That funds for training programs do not impair existing contracts for services, or result
in the substitution of Federal funds for other funds in connection with work to be
performed, including services normally provided by temporary, part-time or seasonal
workers, or through subcontracting such services; and
b. That funds for training programs result in an increase in employment and training
opportunities over those which would otherwise be available.
AA. NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the administration of or in connection with,
any such program or activity funded in whole or in part by this Contract on the basis of
race, color, religion, sex, national origin, age, disability, political affiliation or belief, and
against any beneficiary of programs financially assisted under Title I of the Workforce
Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a
lawfully admitted immigrant authorized to work in the United States, or his or her
participation in any WIA Title I -financially assisted program or activity.
The Contractor shall comply with the nondiscrimination and equal opportunity laws described
in Section 188 of WIA of 1998, including Title VI of the Civil Rights Act of 1964, as
amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination
Act of 1975, Title IX of the Education Amendments of 1972; and the Americans with
Disabilities Act of 1990.
The Contractor must not discriminate in any of the following areas:
a. Deciding who will be admitted, or have access, to any WIA Title I - financially
assisted program or activity;
b. Providing opportunities in, or treating any person in regard to, such a program or
activity; or
c. Making employment decision in the administration of, or in connection with, such
a program or activity.
The Contractor also ensures that it will comply with 29 CFR, Part 37; including the
Methods of Administration (MOA) developed by the state of Washington Employment
Security Department and any WIA policies and procedures issued.
Approved as to form by AGO March 2010 Page 10 of 18 Revised by ESD February 2015
The Contractor shall promptly notify the State Equal Opportunity (EO) Officer at the
Employment Security Department of any administrative enforcement actions or lawsuits
filed against it alleging discrimination on the grounds of race, color, religion, sex, national
origin, age, disability, or political affiliation or belief, and against any beneficiary of
programs financially assisted under Title I of the Workforce Investment Act of 1998
(WIA), on the basis of the beneficiary's citizenship/status as a lawfully admitted immigrant
authorized to work in the United States, or his or her participation in any WIA Title I -
financially assisted program or activity. The State EO Officer will notify the Director, Civil
Rights Center (CRC), Office of the Assistant Secretary for Administration and
Management, U.S. Department of Labor.
The Contractor shall post the attached "Equal Opportunity is the Law" notice prominently
in reasonable numbers and places; shall disseminate the notice in internal memoranda,
other written or electronic communications; shall include the notice in handbooks or
manuals; make the notice available during orientations and to each participant. A signed
copy of the notice will also be made a part of the participant's file. All medical information
and/or information regarding a participant's disability must be kept confidential and
maintained in a file that is separate from the participant's file.
The Contractor shall include the following Equal Opportunity tagline in recruitment
brochures and other materials that are ordinarily distributed or communicated in written
and/or oral form, electronically and/or on paper, to staff, clients, or the public at large, to
describe WIA Title I financially assisted programs or activities:
"Insert name of Organization is an equal opportunity employer and provider
of employment and training services. Auxiliary aids and services are
available upon request to persons with disabilities."
In the event that one of the parties hereto refuses to comply with the above provision, the
TERMINATION, SUSPENSION AND REMEDIES clause (Section NN) may be utilized.
BB. PATENT RIGHTS
The Agency retains the entire right, title and interest to each invention developed during the
performance of Contract services. The Agency shall receive prompt, written notice of each
notice or claim of patent infringement received by the Contractor with respect to patents
developed during its performance of Contract services.
CC. PELL GRANTS
If this Contract is WIA funded and involves participant training at institutions that are certified
to participate in student financial aid, as appropriate the Contractor shall incorporate the use
of Pell Grants to offset the costs of training, such as tuition, books, supplies, transportation,
child care, miscellaneous expenses, and/or special costs for disabled participants.
DD. PRICE WARRANT
The Contractor warrants that the cost charged for services under the terms of this Contract are
not in excess of those charged any other client for the same services performed by the same
individuals.
EE. RECORD RETENTION
Contractor shall retain all books, records, documents and other material which reflect all direct
and indirect costs of any nature expended in the performance of this Contract, including
participant data for a period of three years after final payment under this Contract if WIA
Approved as to form by AGO March 2010 Page 11 of 18 Revised by ESD February 2015
funded, or six years from termination of the Contract if non-WIA funded. Records shall be
retained beyond the above referenced retention periods if litigation or audit is begun prior to
the end of the period referenced above, or if a claim is instituted prior to the end of the period
referenced above involving the Contract covered by the records. In these instances, the records
will be retained until the litigation, claim or audit has been finally resolved.
Records regarding discrimination complaints under WIA and actions taken thereunder shall
be maintained for a period of not less than three years from the date of resolution of the
complaint.
FF. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning a program recipient or client
for any purpose not directly connected with the administration of the Agency's or the
Contractor's responsibilities with respect to contracted services provided under this Contract
is prohibited except by written consent of the recipient or client, his/her attorney or his/her
legally authorized representative.
The Contractor shall use any private and confidential information provided under this
Contract solely for the purpose for which the information was disclosed. The Contractor shall
not disclose or misuse any private and confidential information under this Contract unless the
disclosure is authorized by law. The misuse or unauthorized release of private and confidential
infonnation shall subject contractor, its employees or agents to a civil penalty of $5,000 and
other applicable sanctions under state and federal law (50.13 RCW).
GG. SALARY AND BONUS LIMITATIONS (NOT APPLICABLE TO VENDORS)
In compliance with Public Law 109-234, none of the funds appropriated in Public
Law 109-149 or prior Acts under the heading `Employment and Training' that are
available for expenditure on or after June 15, 2006, shall be used by a recipient or
sub -recipient of such funds to pay the salary and bonuses of an individual, either as
direct costs or indirect costs, at a rate in excess of Executive Level II, except as
provided for under section 101 of Public Law 109-149. This limitation shall not
apply to vendors providing goods and services as defined in OMB 2 CFR 200.
Where States are recipients of such funds, States may establish a lower limit for
salaries and bonuses of those receiving salaries and bonuses from sub -recipients of
such funds, taking into account factors including the relative cost -of -living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs. See
Department of Labor Training and Employment Guidance Letter (TEGL) 5-06 for
further clarification.
The incurrence of costs and receiving reimbursement for these costs under this
award certifies that your organization has read the above special condition and is in
compliance.
HH. SEVERABILITY
The provisions of this Contract are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity
of the remainder of this Contract.
Approved as to form by AGO March 2010 Page 12 of 18 Revised by ESD February 2015
II. SINGLE AUDIT ACT REQUIREMENTS
If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) 2 CFR 200, the Contractor shall maintain records that identify all
federal funds received and expended. Such funds shall be identified by the appropriate
OMB Catalog of Federal Domestic Assistance Numbers. The Contractor shall make the
Contractor's records available for review or audit by officials of the federal awarding
agency, the Comptroller General of the United States, the General Accounting Office,
Employment Security Department, and the Washington State Auditor's Office. The
Contractor shall incorporate OMB 2 CFR 200 audit requirements into all contracts between
the Contractor and its Subcontractors who are sub -recipients. The Contractor shall comply
with any future amendments to OMB 2 CFR 200 and any successor or replacement Circular
or regulation.
If the Contractor expends $750,000 or more in federal awards during the Contractors fiscal
year, the Contractor shall procure and pay for a single or program -specific audit for that
year. Upon completion of each audit, the Contractor shall submit to the Contracting
Officer named in this Contract the audit report and other appropriate documentation as
required in OMB 2 CFR 200.
JJ. SITE SECURITY
While on Agency premises, Contractor, its agents, employees, or Subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.
KK. SMALL, MINORITY, AND WOMEN -OWNED BUSINESS ENTERPRISES
The Contractor shall provide to qualified small, minority and women -owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Contract.
LL. SUBCONTRACTING
The Contractor shall not subcontract work or services contemplated under this Contract
and/or use an outside consultant except as provided for in the Statement of Work without
obtaining the prior written approval of the Agency for the authority to enter into
subcontracts. Contractor acknowledges that such approval for any subcontract does not
relieve the Contractor of its obligations to perform hereunder. The Agency retains the
authority to review and approve or disapprove all subcontracts. At the Agency's request, the
Contractor will forward copies of subcontracts and fiscal, programmatic and other material
pertaining to any and all subcontracts.
For any proposed Subcontractor the Contractor shall:
a. Be responsible for Subcontractor compliance with these General Terms and
Conditions and the subcontract terms and conditions; and
b. Ensure that the Subcontractor follows the Agency's reporting formats and procedures
as specified by the Agency.
MM. TAXES
It is mutually agreed and understood that all payments accrued on account of payroll taxes,
unemployment contributions, any other taxes, insurance or other expenses for the Contractor
staff be the sole liability of the Contractor.
Approved as to form by AGO March 2010 Page 13 of 18 Revised by ESD February 2015
NN. TERMINATION, SUSPENSION AND REMEDIES
a. Termination or Suspension for Cause
In the event the Agency determines the Contractor has failed to comply with the
conditions of this Contract in a timely manner, the Agency has the right to suspend or
terminate this Contract. Before suspending or terminating this Contract, the Agency
may, at its sole discretion, notify the Contractor in writing of the need to take
corrective action. If corrective action is not taken the Contract may be terminated or
suspended. In the event of termination or suspension, the Contractor shall be liable for
damages as authorized by law including, but not limited to, any cost difference
between the original Contract and the replacement or cover Contract and all
administrative costs directly related to the replacement Contract, e.g., cost of the
competitive bidding, mailing, advertising, and staff time.
The Agency reserves the right to suspend all or part of this Contract, withhold further
payments, or prohibit the Contractor from incurring additional obligations of funds
during investigation of the alleged compliance breach and pending corrective action
by the Contractor or a decision by the Agency to terminate this Contract. A
termination shall be deemed to be a "Termination for Convenience" if it is determined
that the Contractor: (1) was not in default; or (2) failure to perform was outside of his
or her control, fault or negligence. The rights and remedies of the Agency provided in
this Contract are not exclusive and are in addition to any other rights and remedies
provided by law.
The Agency reserves the right to immediately suspend all, or part of, this Contract,
and to withhold further payments, or to prohibit the Contractor from incurring
additional obligations of funds when it has reason to believe that fraud, abuse,
malfeasance, misfeasance or nonfeasance has occurred on the part of the Contractor
under this Contract.
b. Termination for Funding Reasons
The Agency may unilaterally terminate this Contract in the event that funding from
federal, state or other sources becomes no longer available to the Agency or is not
allocated for the purpose of meeting the Agency's obligation hereunder. In the event
funding is limited in any way, this Contract is subject to re -negotiation under any new
funding limitations and conditions. Such action is effective upon receipt of written
notification by the Contractor.
c. Termination or Suspension for Convenience
Except as otherwise provided in this Contract, the Agency may, by ten (10) days'
written notice, beginning on the second day after mailing, suspend or terminate this
Contract, in whole or in part. If this Contract is so suspended or terminated, the
Agency shall be liable only for payment required under the terms of this Contract for
services rendered or goods delivered prior to the effective date of suspension or
termination. If this Contract is suspended, the Schedule shall be delayed for a period
of time equal to the period of such suspension. The Agency may, by ten (10) days'
written notice, beginning on the second day after mailing, lift the suspension of the
Contract, in whole or in part, at which time the Schedule and the parties' right and
obligations shall resume to the extent that the suspension is lifted.
Approved as to form by AGO March 2010 Page 14 of 18 Revised by ESD February 2015
d. Tennination for Withdrawal of Authority
In the event that Purchaser's authority to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior to
normal completion, Purchaser may terminate this Contract by seven calendar days or
other appropriate time period by written notice to Vendor. No penalty shall accrue to
Purchaser in the event this Section shall be exercised. This Section shall not be
construed to permit Purchaser to tenninate this Contract in order to acquire similar
Services from a third party.
00. TERMINATION PROCEDURE
Upon termination of this Contract, the Agency, in addition to any other rights provided in this
Contract, may require the Contractor to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this Contract as has been terminated.
The provisions of the TREATMENT OF ASSETS clause shall apply in such property
transfer.
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and services accepted by the Agency and the amount agreed upon by the
Contractor and the Agency for (1) completed work and service(s) for which no separate price
is stated; (2) partially completed work and services; (3) other property or services which are
accepted by the Agency; and (4) the protection and preservation of property, unless the
termination is for default, in which case the Agency shall determine the extent of liability of
the Agency. Failure to agree with such determination shall be a dispute within the meaning of
the DISPUTES clause of this Contract. The Agency may withhold from any amounts due to
the Contractor such sum as the Agency determines to be necessary to protect the Agency
against potential loss or liability.
The rights and remedies of the Agency provided in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Contract.
After receipt of a notice of termination and except as otherwise directed by the Agency, the
Contractor shall:
a. Stop work under this Contract on the date, and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of work under this Contract as is not
terminated;
Assign to the Agency, in the manner, at the times, and to the extent directed by the
Agency, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Agency has the right, at its discretion,
to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the Agency to the extent the
Agency may require, which approval or ratification shall be final for all purposes of
this clause;
Transfer title to the Agency and deliver in the manner, at the times, and to the extent
directed by the Agency any property which, if the Contract had been completed,
would have been required to be furnished to the Agency;
f. Complete performance of such part of the work as shall not have been terminated by
the Agency; and
Approved as to form by AGO March 2010 Page 15 of 18 Revised by ESD February 2015
g. Take such action as may be necessary, or as the Agency may direct, for the protection
and preservation of the property related to this Contract which is in the possession of
the Contractor and in which the Agency has or may acquire an interest.
PP. TREATMENT OF ASSETS
a. Title to all property furnished by the Agency shall remain in the Agency. Title to all
property purchased by the Contractor the cost of which the Contractor has been
reimbursed as a direct item of cost under this Contract, shall pass to and vest in the
Agency upon delivery of such property by the Contractor. The title shall only pass to
the Contractor if the Agency specifically agrees to grant title in this Contract for
asset(s) purchased.
b. Any property of the Agency furnished to the Contractor shall, unless otherwise
provided herein, or approved by the Program Manager in writing, be used only for the
performance of this Contract.
c. Property will be returned to the Agency in like condition to that in which it was
furnished to the Contractor, normal wear and tear excepted. The Contractor shall be
responsible for any loss or damage to property of the Agency in the possession of the
Contractor which results from the negligence of the Contractor or which results from
the failure on the part of the Contractor to maintain said property in accordance with
sound management practices.
d. If any Agency property is damaged or destroyed, the Contractor shall notify the
Agency and shall take all reasonable steps to protect that property from further
damage.
e. The Contractor shall surrender to the Agency all property of the Agency upon
completion, termination or cancellation of this Contract.
f. All reference to the Contractor under this clause shall include any employees, agents
or Subcontractors.
QQ. USE OF NAME PROHIBITED
The Contractor shall not in any way contract on behalf of or in the name of the Agency. Nor
shall the Contractor release any informational pamphlets, notices, press releases, research
reports, or similar public notices concerning this project without obtaining the prior written
approval of the Agency.
RR. WAIVER
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 signed by authorized representative of the Agency.
SS. ENERGY POLICY AND CONSERVATION ACT
The Contractor shall comply with the mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871).
TT. CLEAN AIR ACT
The Contractor shall comply with all applicable standards. Orders, or requirements issued
under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Approved as to form by AGO March 2010 Page 16 of 18 Revised by ESD February 2015
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess
of $100,000).
UU. DAVIS-BACON ACT
The Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts in excess of $2000 awarded by Grantees and sub -grantees when required by
Federal grant program legislation.
VV. COPELAND ANTI -KICKBACK ACT
The Contractor shall comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (All contracts and
subgrants for construction or repair).
WW. WAGES AND HOURS
The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve
the employment of mechanics or laborers.)
Approved as to form by AGO March 2010 Page 17 of 18 Revised by ESD February 2015
STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
PO Box 9046, Olympia, WA 98507-9046
EQUAL OPPORTUNITY IS THE LAW
29 CFR Part 37.30
It is against the law for this recipient of Federal financial assistance to discriminate on the
following bases:
Against any individual in the United States, on the basis of race, color, religion, sex,
national origin, age, disability, political affiliation or belief; and
Against any beneficiary of programs financially assisted under Title I of the Workforce
Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a lawfully
admitted immigrant authorized to work in the United States, or his or her participation in any WIA
Title 1 -financially assisted program or activity.
The recipient must not discriminate in any of the following areas: Deciding who will be
admitted, or have access, to any WIA Title I -financially assisted program or activity; providing
opportunities in, or treating any person with regard to, such a program or activity; or making
employment decisions in the administration of, or in connection with, such a program or activity.
If you think that you have been subjected to discrimination under a WIA Title I -financially
assisted program or activity, you may file a complaint within one hundred eighty (180) days from
the date of the alleged violation with either: the recipient's Equal Opportunity Officer (or person
whom the recipient has designated for this purpose); or the Director, Civil Rights Center (CRC),
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
If you file your complaint with the recipient, you must wait either until the recipient issues
a written Notice of Final Action, or until ninety (90) days have passed (whichever is sooner),
before filing with the Civil Rights Center (see address above).
If the recipient does not give you a written Notice of Final Action within ninety (90) days
of the day on which you filed your complaint, you do not have to wait for the recipient to issue
that Notice before filing a complaint with CRC. However, you must file your CRC complaint
within thirty (30) days of the ninety- (90-) day deadline (in other words, within one hundred twenty
(120) days after the day on which you filed your complaint with the recipient).
If the recipient does give you a written Notice of Final Action on your complaint, but you
are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file
your CRC complaint within thirty (30) days of the date on which you received the Notice of Final
Action.
Exhibit C
Certification Regarding Lobbying
APPENDIX A TO TITLE 29, PART 93 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form—
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including subcontracts, sub grants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Contractor acknowledges that this certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into, that
submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S.C., and that any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
SIGNATURE OF AWTHORI ERTIFYING OFFICIAL
TITLE
ck;r; Jefk"'fih
P Pe c",
SCC
APPLICANT ORGANIZATION
DATE SUBMITTED
J,efpkWii CGkn
3// / y
Exhibit D
Certification Regarding Debarment and Suspension
APPENDIX A TO TITLE 29, PART 98 - CERTIFICATION REGARDING DEBARMENT
AND SUSPENSION - Certification for Contracts, Grants, Loans, and Cooperative
Agreements
1. The undersigned (i.e., the Contractor signatory) certifies, to the best of his or her
knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
B. Have not within a three-year period preceding this proposal been convicted or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or 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;
C. Are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(B) of this certification; and,
D. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation of this proposal (or plan).
SIGNATURE OF THORIZED CE TIFYING OFFICIAL
\
TITLE
S n '/
APPLICANT ORGANIZATION
DATE SUBMITTED
�6611 (�LA fil
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
March, 112019
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: Ti f c�—, 7 � r ()OR
SUBJECT: Agenda Item — Interagency Agreement between Washington State
Employment Security Department and Jefferson County Public Health
for the Jefferson County Accessible Community Advisory Committee
(ACAC) to provide residents with disabilities the opportunity to
eliminate barriers; The Agreement is for One Year upon Signature;
$54,003.31
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities, wishes to enter into an interagency contract by
accepting grant funds from the State's Employment Security Department. The interagency agreement is for
one year upon signature; $54,003.31.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
Jefferson County Public Health, Developmental Disabilities, contracts with Washington State Employment
Security Department to provide opportunity to increase disability awareness and accessibility to county
residents. This agreement provides counties, through the Accessible Communities Act, funds to provide
residents with disabilities the opportunity to eliminate barriers. Through the legislation, counties have the
opportunity to form an Accessible Community Advisory Committees (ACAC). In Jefferson County we are
generating the following projects: ADA door access at the Tri -Area Community Center, ADA door access
the Quilcene Community Center, marketing materials, (signs/brochures) for the accessible beach
wheelchair at Fort Worden, a DASH Accessible Entertainment/Cultural Venues Guide for Jefferson County,
co -sponsoring two movies about disability at the 2019 PT Film Festival, marketing materials for JUMP,
(Jefferson Universal Movement Playground), children's books about disability for the YMCA Literacy
Program & the local libraries and an ADA sidewalk extension for the restroom and an accessible
commercial building threshold at the Jefferson County Fairgrounds.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This is a grant funded project that is budget neutral and has no impact on the general fund.
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
RECOMMENDATION:
JCPH management request approval of the Interagency Agreement with Washington State Employment
Security Department for Jefferson County accessible Community Advisory (ACAC) Committee; the
Agreement is for one year upon signature; $54,003.31.
Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
CONTRACT REVIEW FORM
615 Sheridan Street
Port Townsend, WA 98368
JeffersonCountyPublicHealth.org
DD -19-K5510
CONTRACT WITH: Washington State Employment Security Department
CONTRACT FOR: Accessible Community Development TERM: Upon signature - One year after signature
Projects
COUNTY DEPARTMENT: Jefferson County Public Health
For More Information Contact: Anna McEnery
Contact Phone #: X410
RETURN TO: Jenny Matter RETURN BY: ASAP
AMOUNT: $54,003.31
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
Step 1
APPROVED FORM
ments:
REVIEW BY RI
Review by: i
Date Review
PROCESS:
❑ Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Work Roster
❑ Vendor List Bid
❑ RFP or RFQ
0 Other: State grant
rned for revision (See Comments)
Step 2: REVIEW BY PROSE UTING ATTORNEY
Review by: ) ri� °
Date Reviewed: '
APPROVED AS TO FORM eturned f6r revisio ( e omments)
Comments:
(This form to stay with contract throughout the contract review process)
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (t) Always working for a safer and healthier community