HomeMy WebLinkAbout022822ca06 615 Sheridan Street
Port Townsend, WA 98368
c9efehson www.JeffersonCountyPublicHealth.org
Public He� Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Apple Martine, Director
Anna McEnery, DD & BH Coordinator
DATE: �-e br I a' , ao2?-
SUBJECT: Agenda Item — Interagency Agreement #K7471 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: Upon Execution- December 31, 2022; $8,611.00
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of
Interagency Agreement #K7471, by accepting grant funds from the Washington State Employment Security
Department. The Agreement is upon execution- December 31, 2022; $8,611.00.
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: the purchase and installation of a piece of
playground equipment called the Serenity Spot, to be located at the accessible JUMP! Playground at HJ Carroll
Park in Jefferson County.
The Serenity Spot will provide a quiet, enclosed space with sensory play and feedback items for children that
are overly stimulated, to find respite from some of the more active play elements in the JUMP! Playground.
This will benefit children that may be on the Autism Spectrum or have other Sensory Processing Disorders that
cause them to seek a quieter place to play.
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-22-003
RECOMMENDATION:
JCPH management request approval of Interagency Agreement #K7471, 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 upon execution-
December 31, 2022; $8,611.00.
REVIEWED BY:
02/1)
Mark McCauley, 1Cierim County Administrato 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
a r— Employment Security Department
`�- WASHINGTON STATE
P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046
CONTRACT K7471
Between
WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT
And
JEFFERSON COUNTY
CONTRACT INFORMATION GRANT NUMBER(if applicable):
Contract start date Contract end date Contract amount Authorization
Date of Execution December 31, 2022 $8,611.00. Chapter 39.34 RCW.
Purpose
To provide county services in the development of projects that are in accordance with the Governor's Committee on
Disability Issues and Employment(GCDE).
PARTIES:
Jefferson County, obo Jefferson County Accessible Communities Advisory Committee [County]
Address Business registration or UBI Statewide Vendor Number
615 Sheridan, Port Townsend,WA 98368 278-035-495 SWV0002430-16
Contract Manager Telephone: Email
Anna McEnery 360-385-9410 amcenery@co.jefferson.wa.us
Employment Security Department (ESD)
Contract manager Contact address
Elaine Stefanowicz 212 Maple Park Drive, Olympia, WA 98501
CM Phone CM email Division
360-789-3029 elaine.stefanowicz@esd.wa.gov Human Resources
ATTACHMENTS: This Contract includes the following attachment(s)and document(s) incorporated herein
Exhibit A—Statement of Work.
Exhibit B—Budget.
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties superseding, all previous agreements, writings, and communications, oral or
otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read
and understand this Contract, and have the authority to execute this Contract.
County: Date Employment Security Department Date
Name Name
Title Title
DD-22-003
Approved as to Form Only:
" February 18, 2022
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
1. INTIFICATION
This Contract is between the Washington State Employment Security Department,
hereinafter called "ESD", and Jefferson County hereinafter called "County." ESD and
County may also be individually referred to as Party, or jointly referred to as Parties.
The Parties hereby mutually agree as follows
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 support the
purchase and installation of an inclusive playground at HJ Carroll Park.
3. AUTHORIZATION
This Contract is authorized in accordance with Chapter 39.34 RCW — Interlocal
Cooperation Act, and further in accordance with the Governor's Committee on Disability
Issues and Employment (GCDE).
TERMS AND CONDITIONS:
4. CONTRACT TERM
The term of this Agreement starts on the date of execution and ends December 31,
2022, unless terminated sooner as provided herein. Parties may agree to extend the
term for per the use of a mutually executed amendment.
4. 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 the Statement of Work, attached and incorporated as Exhibit A.
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 is $8,611.00. EDS will reimburse County for
its expenditures and costs as stated in Exhibit B,
Payment by ESD for reimbursement on the satisfactory performance of the work
shall not exceed $8,611.00 unless the parties mutually agree in writing to a higher
Employment Security Department Page 2 of 8 ESD Contract#K7471
amount prior to the commencement of any work which will cause the maximum
payment to be exceeded.
The County is entitled only to reimbursement for expenses incurred during the contract
period for work accomplished as provided in this Agreement. The County will not be
reimbursed for any travel expenses.
It is understood that the County's reimbrusement 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 wil be provided
under this Agreement.
6. BILLING PROCEDURE
The County 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. ESD shall
pay the County for completed and approved work within thirty (30) days of receipt of
invoice.
Each invoice must clearly indicate the Contract number herein. 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(a�esd.wa.gov, with a copy sent to ESD's Contract Manager.
It is understood and agreed by and between ESD and the County that the County'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.
7. REPORTING
The County shall provide the ESD Contract Manager monthly status report(s) on the
updated performance. Reports are to be submitted via email to the ESD contract
manager.
8. AMENDMENTS
This Agreement may be modified by mutual written and executed amendments of the
Parties. Such amendments are not binding unless they are in writing and executed
by personnel authorized to bind each respective party.
Employment Security Department Page 3 of 8 ESD Contract#K7471
9. 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.
10. COMPLIANCE WITH APPLICABLE LAW
County acknowledges that in contracting with a state agency, it must comply with all
applicable federal, state, and local laws and regulations, including but not limited to,
civil rights, employment, nondiscrimination, taxes, and disability requirements.
These minimally include the following:
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;
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
Noncompliance may be deemed as material grounds for default and termination
without showing a direct effect on the work being performed under this Agreement.
11. CONTRACT MANAGEMENT
Each respective Contract manager listed on page one is the designated person for
the general management of this Contract, to include receiving all communications
and notices related to the contract. All correspondence and all legal notices from
either party will be deemed as being properly sent to the other party if made by
emailing said written communication to the other party's identified contract
manager.
Each party is required to notify the other manager in writing within three business
days of any changes to that party's contract manager's information. Contract
Managers may be changed through administrative notice to the other party, and do
not require a full amendment.
12. DISPUTES
Parties will request intervention by the Governor, as provided by RCW 43.17.330, in
which event the Governor's process will control.
13. DUPLICATION OF BILLED COSTS
County shall not bill ESD for costs if County is being paid by another funding source
for these same costs.
Employment Security Department Page 4 of 8 ESD Contract#K7471
14. 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.
15. GOVERNANCE
This Contract shall be construed and interpreted in accordance with the laws of the
state of Washington and the venue hereunder will be in the Superior Court for
Thurston County.
In the event of an inconsistency in this Contract, unless otherwise provided,
the inconsistency is resolved by giving precedence in the following order:
1. Applicable Federal and Washington State Statutes and Regulations.
2. All terms and conditions herein.
3. Any attachments in their descending alphabetical order.
4. Any other material incorporated herein by written reference.
16. INDEMNIFICATION
Each party to this agreement is responsible for its own acts and/or omissions and
those of its officers, employees and agents.
To the extent permitted by law, ESD shall indemnify and hold harmless the
Intermediary from all claims, costs, damages, or expenses arising form this
agreement and based upon the negligence or non-compliance of the Department
and its officers, employees, and agents. Likewise, the Intermediary shall indemnify
and hold harmless the Department from all claims, costs, damages, or expenses
arising from this agreement and based upon the negligence or non-compliance of
the intermediary and its officers, employees, agents, and subcontractors.
17. INDEPENDENT CAPACITY
Each Party retains its independent capacity as a self governing public agency under
this agreement. No additional partnering entity is established herein.
18. 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.
19. RECORDS, DOCUMENTS AND REVIEW
Maintenance of Records: Unless otherwise specified in the Contract, all books,
records, documents, and other materials relevant to this Agreement will be retained
for six (6) years after expiration of this Contract. Each party will utilize reasonable
Employment Security Department Page 5 of 8 ESD Contract#K7471
security procedures and protections to assure records and documents provided by
the other party are not erroneously disclosed to third parties.
Review of Records: Intermediary shall grant ESD, CCW, and its designees 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.. Access must be available at all reasonable times not
limited to the required retention period but as long as records are retained, and at no
additional cost to ESD.
20. 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 this Agreement provided
that the remaining provisions can be given effect without the illegal or invalid
provision.
21. TERMINATION AND SUSPENSION
Non-compliance
Termination or Suspension for Cause: In the event ESD determines the County
has failed to comply with the conditions of this Contract in a timely manner,
ESD has the right to suspend or terminate this Contract. ESD may terminate
immediately or, at its sole discretion, ESD may notify the Intermediary in writing
of the need to take corrective action, prior to termination, and allow the
Intermediary time to cure its breach. Additionally, if ESD deems it necessary, it
may immediately suspend this contract while it investigates the nature of a
breach, and/or while it allows the Intermediary to complete its cure process.
If ESD elects to utiize an immediate termination, it must be able to demonstrate
how continuaution of the contract may cause immediate harm to ESD, the
State of Washington, or its residents.
Administrative Terminations: Each of the below are available only to ESD.
Termination for Funding Reasons: ESD may terminate or suspend this
Agreement in the event that funding from federal, state or other sources
becomes no longer available to ESD or is no longer allocated for the
purpose of meeting ESD's obligation hereunder. In the event funding is
limited in any way, this Agreement is subject to re-negotiation under any
new funding limitations and conditions. Such action is effective upon
receipt of written notification by the Intermediary.
Termination for Convenience: ESD, upon providing at least twenty days'
written notice, may terminate or suspend this Agreement, in whole or in
part for convenience. Intermediary shall continue to provide services
under this Contract until the actual termination or suspension date stated
by ESD. If this Contract is terminated, ESD shall be liable only for final
payment for services rendered or expenses incurred prior to the effective
date of termination.
Termination for Withdrawal of Authority: In the event that ESD's authority
to perform any of its duties is withdrawn, reduced, or limited in any way
Employment Security Department Page 6 of 8 ESD Contract#K7471
after the commencement of this Contract, ESD may terminate this
Contract by seven (7) calendar days orother appropriate time period by
written notice to Intermediary. IF the authority is withdrawn before ESD can
provide a full seven-day notice, ESD will only be required to give the
amount of notice available. No penalty shall accrue to ESD in the event
this Section is exercised.
22. 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.
Employment Security Department Page 7 of 8 ESD Contract#K7471
Exhibit A
Statement of Work
JEFFERSON COUNTY
ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC)
Project
A brand new accessible and inclusive playground at HJ Carroll Park,Jefferson County's
most popular and visited County park.This grant will allow for purchase and installation
of the Serenity Spot with the Nucleus Evolution Roof by Burke Playground.
Overview
The Serenity Spot will provide a quiet, enclosed space with sensory play and feedback
items that will offer a space for children that are overly stimulated to find some respite
from some of the more active play elements in the playground.This will benefit a
variety of children that may be on the Autism Spectrum or have other Sensory
Processing Disorders that cause them to seek a quieter place to play. It will give parents
a piece of mind knowing that there is something for everyone in a safe enclosed play
area with perimeter fencing.
Timeline
It will take approximately 9 months to complete the project.
MILESTONES AND SUB- Person(s) Estimated Timeframe for
MILESTONES Responsible Achievement
Apply for ACAC Grant for Sarah Grossman Submit for Fall 2021 grant
specific ADA playground cycle
equipment: Serenity Spot
with Roof
Coordinate Purchase of Sarah Grossman Once funds are determined,
Serenity Spot manufactured Anna Romcevich, JUMP! will notify the Project
by Burke Project Manager at Manager within a week of
Playground with Anna Public Works determination to notify the
Romcevich Project Manager County that funds will be
at Jefferson County Public available to purchase the
Works with designated ACAC Serenity Spot.The Project
grant funds. Manager will purchase
equipment prior to end of
grant cycle in preparation for
installation in Summer 2022
and submit to ACAC for
reimbursement(grant funds).
Employment Security Department Page 8 of 8 ESD Contract#K7471
Exhibit A-Statement
Install Serenity Spot in JUMP! Anna Romcevich Summer 2022—Exact
Playground per design Project Manager, timeline TBD by Project
Public Works Manager
Apply for ACAC Grant for Sarah Grossman
specific ADA playground
equipment: Serenity Spot
with Roof
1. Resources required
1 Serenity Spot purchased for Accessible Playground
2. Cost
$8,611
Cost is for the budget in Exhibit B.
Employment Security Department Page 9 of 8 ESD Contract#K7471
Exhibit A-Statement
Exhibit B
Budget
JEFFERSON COUNTY
ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC)
Costs:
ACTIVITY QTY
1313-3039 1 7.700.00 7.700.00T
Serenity-Spot
Discount 1 -1.000.00 -1.000.00T
Special Pricing Discount
Freight 1 1.200.00 1.200.00T
Shipping-does not include off loading
Forklift generally required for offloading
Materials Only 1 0.00 0.00
This quote is for materials only and does not include installation
or unloading of product.
Buell Billing 1 0.00 0 00
Please make payment to Buell Recreation and fax to 866-597-
0033
Terme Govt. 1 0.00 0.00T
Govt.Purchase Order with payment due 30 days from product
shipment and services such as installations due upon completion.
Equipment may be invoiced separately from other services and are
payable in advance of project/supply or completion.No retainage.
PLACING AN ORDER Upon ordering please review and return this signed quote SUBTOTAL 7.900.00
with a copy of your purchase order and tax exempt certificate.if applicable. Please
mark any changes on the quote such as billing/shipping address.drivers contact and TAX(9%) -1 1.00
color selection.IF INSTALLATION IS INCLUDED: This quote does not include TOTAL Q�O p'LV 71•00
Prevailing Wages.Davis Bacon Wages or Performance Bonds unless noted.Owner is AD
responsible for site preparation unless otherwise noted.
Employment Security Department Page 10 of 10 ESD Contract#K7471
Exhibit B-Budget