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HomeMy WebLinkAbout090721ca06 615 Sheridan Street Port Townsend, WA 98368 , n www.JeffersonCountyPublicHealth.org v " Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, Interim County Administrator FROM: Vicki Kirkpatrick, Director Anna McEnery, DD & BH Coordinator DATE: SUBJECT: Agenda Item — Interagency Agreement #K7241 between the Washington State Employment Security Department and Jefferson County Public Health for the Jefferson County Accessible Community Advisory Committee (ACAC); to increase awareness and accessibility for County residents with disabilities; The Agreement is for One Year upon Signature; $5,250. STATEMENT OF ISSUE: Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of Interagency Agreement #K7241, by accepting grant funds from the Washington State Employment Security Department. The Agreement is for one year upon signature; $5,250. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Jefferson County Public Health, Developmental Disabilities Division, contracts with the Washington State Employment Security Department to increase awareness, accessibility and to remove barriers for County residents with disabilities. The Jefferson County Accessible Community Advisory Committee (ACAC) is developing and implementing the following grant project: a multi-prong and sustainable program called the Stigma Reduction Project, which will increase public knowledge and understanding of mental illness, thus leading to a reduction in stigma. FISCAL IMPACT/COST BENEFIT ANALYSIS : This is a grant-funded project, which 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 DD-21-042 RECOMMENDATION: JCPH management request approval of Interagency Agreement #K7241, with the Washington State Employment Security Department; to implement an ACAC grant project that will increase awareness, accessibility and to remove barriers for County residents with disabilities; the Agreement is for one year upon signature; $5,250. REVIEWED BY: I 02P--( Mark McCauley, Interim County Administrator 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 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 r LII F IvynIcln J Lurny wain/.nitent WASHINGTON STATE P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046 INTERAGENCY AGREEMENT K7241 BETWEEN WASHINGTON STATE- EMPLOYMENT SECURITY DEPARTMENT AND JEFFERSON COUNTY 1. INTRODUCTION This Agreement, pursuant to Chapter 39.34 Revised Code of Washington (RCW), is made and entered into by and between the Washington State Employment Security Department, hereinafter referred to as"ESD", located at 212 Maple Park Ave SE, Olympia,WA 98501,and Jefferson County, hereinafter referred to as"Contractor" located at 615 Sheridan St, Port Townsend,WA 98368. ESD and Contractor may be collectively referred to as the"Parties". 2. PURPOSE With the passing of the Accessible Communities Act,the Legislature found that Washington State residents with disabilities continue to face barriers that could be easily eliminated.Through this legislation,counties have the opportunity to form county Accessible Community Advisory Committees and develop projects in their commuinities that will increase the disability awareness and accessibility of their county.Once these projects are developed and approved by the Governor's Committee on Disability Issues and Employment(GCDE), counties can receive funds to carry out these projects. Counties are eligible to apply for funding for other approved projects when a prior project is complete. The purpose of this Agreement is to provide services incidental to the support of the National Alliance on Mental Illness(NAMI) Project in Jefferson County 3. DEFINITIONS a. "CONTRACTOR" means that government agency or government entity performing services and/or providing goods under this Agreement.This includes any SUBCONTRACTOR retained by the prime Contractor as permitted under the terms of this Agreement. b. "SUBCONTRACTOR" means agency,firm,organization,individual or other entity other than the prime one, not in the employment of the CONTRACTOR,who is performing all or part of those services or providing all or part of the goods under this prime Agreement or a sub-agreement entered into in connection with this prime Agreement. The terms"SUBCONTRACTOR" and "SUBCONTRACTORS" means SUBCONTRACTOR(s)in any tier. c. "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. ESD Contracts Office,Interagency Agreement Template Page 1 of 10 rev.Aug,2019 L. DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. 4. CONTRACT MANAGEMENT The Contract 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. ESD's Contract Manager shall monitor the performance and compliance of this Agreement. ESD's Contract Manager shall be responsible for the review and acceptance of the Contractor's performance, deliverables,invoices,expenses,and reports from the Contractor. ESD's Contract Manager will be the Contractor's main contact for any questions about the Agreement. 1 ESD Contract Manager responsible for management of this Agreement is: Name: Elaine Stefanowicz Title: Program Coordinator 3 Phone Number: 360-890-3774 E-mail: estefanowicz@esd.wa.gov Contractor staff member responsible for management of this Agreement is: Name: Ana McEnery Title: Developmental Disabilities& Behavioral Health County Coordinator Phone Number: 360-385-9410 E-mail: AMcEnery@Jco.lefferson.wa.us 5. STATEMENT OF WORK Contractor 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 the Statement of Work,attached and incorporated as Exhibit A. 6. PERIOD OF PERFORMANCE Subject to its other provisions,the period of performance of this Agreement shall commence on the date of execution and end one(1)year from the date of execution unless terminated sooner as provided herein. ESD reserves the right to extend the Agreement for up to one(1)additional one year terms by mutual written consent of both parties. The total duration of this Agreement, including extensions,will not exceed two years. 7. REPORTING The Contractor shall provide the ESD Contract Manager monthly status report(s)on Agreement performance. Reports may be submitted via email to the ESD contract manager. 8. 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$5,250. 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. Compensation for services shall be in accordance with the budget attached and incorporated as Exhibit B. The Contractor shall be entitled only to compensation for expenses incurred during the contract period for work accomplished as provided in this Agreement. ESD Contracts Office,Interagency Agreement Template Page 2 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. The Contractor will not be reimbursed for any travel expenses. 9. BILLING PROCEDURE The Contractor shall submit invoices monthly or upon completion of the project for services performed under this Contract on an Invoice Voucher(Form A-19),or similar invoice. Invoices shall include such information as is necessary for ESD to determine the exact nature of all expenditures,and goods or services provided to and received by ESD.ESD must receive all invoices no later than thirty(30)days after services itemized on invoice are rendered. Failure by the Contractor to submit the invoice by this date may result in non-payment. ESD shall pay the Contractor for completed and approved work within thirty(30)days of receipt of invoice. Each invoice will clearly indicate that it is"FOR SERVICES RENDERED IN PERFORMANCE UNDER ESD CONTRACT NUMBER K7241.The invoice document shall be submitted to: Employment Security Department Attention:Vendor Payments PO Box 9046 Olympia,WA 98507 Or one electronic copy of invoice document to: VendorPayments@esd.wa.gov It is understood and agreed by and between ESD and the Contractor that the Contractor's payment is conditioned upon satisfactory performance and acceptance by ESD. ESD reserves the right to withhold payment of any deliverable contingent upon acceptance of the deliverable by ESD. No payment in advance or in anticipation of services or supplies to be provided by this Agreement shall be made by ESD. 10. 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. 11. 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. 12. ASSURANCES A. Parties agree that all activity pursuant to this Agreement will be in accordance with all applicable current or future federal,state or local laws,rules and regulations. B. Contractor assures ESD that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the Agreement. i. Title VI of the Civil Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,color,and national origin; ii. Section 504 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination against qualified individuals with disabilities; ESD Contracts Office,Interagency Agreement Template Page 3 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. iii. The Age Discrimination Act of 1975,as amended,which prohibits discrimination on the basis of age;and iv. Title IX of the Education Amendments of 1972,as amended,which prohibits discrimination on the basis of sex in educational programs;and v. The Americans with Disabilities Act of 1990 13. COPYRIGHT PROVISIONS a. Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire"as defined by the U.S.Copyright Act and shall be owned by ESD.ESD 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 ESD effective from the moment of creation of such Materials. This includes the right to copyright,patent, register and the ability to transfer these rights. b. For Materials that are delivered under this Agreement,but that incorporate preexisting Materials not produced under this Agreement, Contractor hereby grants to ESD 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, includingintellectual property rights,moral rights and rights of publicity,necessary to grant such a license to ESD. c. 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: i. The copyright in any work developed under a contract;and ii. Any rights of copyright to which a contractor purchases ownership with contract funding support. 14. DEBARMENT AND SUSPENSION By executing this Agreement,Contractor 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"codified at 29 CFR part 98. Contractor certifies that it will not contract with a Subcontractor that is debarred or suspended. 15. 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 non-binding 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 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. 16. DUPLICATION OF BILLED COSTS Contractor shall not bill ESD for costs if Contractor is being paid by another funding source for these same costs. ESD Contracts Office,Interagency Agreement Template Page 4 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-AOOE-5793A1268D79 ESD Contract No.K7241 Other party Contract No. 17. ELECTRONIC SIGNATURES,COUNTERPARTS,AND DELIVERY The parties agree that this Agreement may be executed in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement; and that electronic signature,or e-signature,of this Agreement shall be the same as execution of an original ink signature; and that E-mail,electronic,or facsimile delivery of a signed copy of this Agreement shall be the same as delivery of an original. 18. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws.The provisions of this Agreement shall be construed to conform to those laws. The venue of any action brought hereunder shall be in the Superior Court for Thurston County. All parties agree to the exclusive jurisdiction of such court and waive any right to challenge jurisdiction or venue. 19. INCORPORATED DOCUMENTS A. The following Exhibits are attached and incorporated into this Agreement: • Exhibit A-Statement of Work • Exhibit B- Budget 20. 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. 21. 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. 22. INSURANCE REQUIREMENTS Parties warrant they will maintain insurance, such as, but not limited to,self-insurance,throughout the duration of this contract that protects against such losses, risks, and any damage claims that might result from performing under this contract. Said insurance must be for such amounts as are prudent and customary for a government entity. 23. ORDER OF PRECEDENCE 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. This Agreement c. Statement of Work;and d. Any other provisions of the Agreement, including materials incorporated by reference. 24. 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 ESD Contracts Office,Interagency Agreement Template Page 5 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999 4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. 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. 25. SEVERABILITY The provisions of this Agreement 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 thisAgreement provided that the remaining provisions can be given effect without the illegal or invalid provision. 26. SIGNATURE AUTHORITY a. This Agreement,any alteration, amendment, modification,or waiver of any clause or condition of is not effective or binding unless made in writing and signed by the Commissioner of ESD or any ESD authorized representative that has been givendelegated authority prior to signing. b. Contractor represents and warrants that the person executing this Agreement on its behalf has the full right and authority to fully commit and bind Contractor. 27. SUBCONTRACTING a. The Contractor shall not subcontract work or services contemplated under this Agreement and/or use an outside consultant except as provided for in the Statement of Work withoutobtaining the prior written approval of ESD.Contractor acknowledges that such approval for any subcontract does notrelieve the Contractor of its obligations to perform hereunder. ESD retains theauthority to review and approve or disapprove all subcontracts.At ESD's request,the Contractor will forward copies of subcontracts and fiscal,programmatic and other materialpertaining to any and all subcontracts. b. For any proposed Subcontractor the Contractorshall: i. Be responsible for Subcontractor's compliance with these General Terms and Conditions and the subcontract terms and conditions;and ii. Ensure that the Subcontractor follows ESD's reporting formats and procedures as specified by ESD. 28. TERMINATION FOR CONVENIENCE 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. 29. 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 ESD Contracts Office,Interagency Agreement Template Page 6 of 10 rev.Aug,2019 ESD Contract No.K7241 Other party Contract No. 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. 30. 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. 31. USE AND DISCLOSURE OF INFORMATION Contractor shall not disclose or misuse any private and confidential information obtained under this Agreement unless the disclosure is authorized by law and directly connected to the official purpose for which the information was obtained.The misuse or unauthorized release of private and confidential information shall subject Contractor,its employees or agents to a civil penalty of five thousand dollars($5,000)and other applicable sanctions under state and federal law. (RCW 50.13.060[13)and 50.13.080[3]). 32. 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. 33. ALL WRITINGS CONTAINED HEREIN All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms contained in the text of this Agreement. 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. Jefferson County Washington State Employment Security Department f Deausafl.a by o eulikined,Leti,44am: aOriato 8/3/2021 1nnurrwArainartft Signature Date Signature Date Kate Dean Elizabeth Gordon Name Name commissioner. Chair Executive Director GCDE Title Title/Division Approved as to Form Only: C ` � August 30, 2021 Philip C. Hunsucker, Date Chief Civil DPA ESD Contrasts office,Interagency Agreement Template Page 7 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. EXHIBIT A STATEMENT OF WORK JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) NATIONAL ALLIANCE ON MENTAL ILLNESS(NAMI) PROJECT 1. Project This mental health stigma reduction project will help Jefferson County residents to understand that mental illness is a disability and to understand that one in five individuals suffer from a mental illness every year. 2. Overview The NAMI Project will help: 1) Support Jefferson County residents to understand mental illness is a disability. 2) Increase financial and community support for mental health treatment and education. 3) Reduce suicide rates among people with mental illness. 4) Encourage individuals with a mental illness to seek treatment. 5) Increase support for families of persons with mental illness. 6) Encourage employers to hire people who have a mental illness. 7) Increase community understanding of people within the homeless population who have a mental illness. 8) Reduce the number of people who have a mental illness and become involved in the criminal justice system. 3.Timeline It will take approximately one (1)year to complete the project from the time the materials are ordered. Milestone **Timeline Produce Video Six months Develop brochures and posters Four months Produce newspaper adds Four months Presentations to community groups Launch in four months and ongoing Run adds Launch in four months and ongoing Develop evaluation tool Two months Implement evaluation Launch in four months and ongoing ** Timing may be affected by restrictions, emergency planning needs, and schedule adjustments due to COVID-19 illness concerns. ESD Contracts Office,Interagency Agreement Template Page 8 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268D79 ESD Contract No.K7241 Other party Contract No. 4. Resources required Costs to produce video and purchase brochures, rack cards, newspaper advertisements, and public service announcements. 5. Cost: Budget in Exhibit B. 1) Video $3,000 2) Brochures, Rack Cards, Posters, $1,500 Public Service Announcements 3) Newspaper Advertisements $750 Total: $5,250.00 ESD Contracts Office,Interagency Agreement Template Page 9 of 10 rev.Aug,2019 DocuSign Envelope ID:OF17E5DB-2999-4A33-A00E-5793A1268079 ESD Contract No.K7241 Other party Contract No. Exhibit B BUDGET JEFFERSON COUNTY ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC) NATIONAL ALLIANCE ON MENTAL ILLNESS(NAMI) PROJECT Costs: 1) Video $3,000.00 2) Brochures, Rack Cards, Posters, $1,500.00 Public Service Announcements 3) Newspaper Advertisements $750.00 Total$5,250.00 In-Kind Committee members continue to volunteer their time at meetings and by overseeing grant projects. • The use of the Zoom is in-kind. • When the Jefferson County ADA Coordinator, Public Health Director and Deputy Director attend ACAC meetings that is in-kind. • Public Health is charging 15%for indirect when the actual rate for 2021/2022 is 33.85%. The difference is in-kind. ESD Contracts Office,Interagency Agreement Template Page 10 of 10 rev.Aug,2019