HomeMy WebLinkAboutYouth Cannabis Sequim Mural 615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Health
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Apple Martine, Public Health Director
Denise Banker, Community Health Director
DATE: "K(V I.3, ZO2 3
SUBJECT: Agenda item — Subrecipient Agreement with Educational Service District, 114;
February 1, 2023 — June 15, 2023; $1,831.50
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the
Subrecipient Agreement with Educational Service District, 114 to develop and implement coordinated tobacco,
vapor and marijuana product prevention and intervention strategies; February 1, 2023 — June 15, 2023;
$1,831.50.
ANALYSIS/STRATEGIC GOALS/PRO'S and COWS:
The purpose of this agreement is for the JCPH to retain Subrecipient to develop and implement protective
factor strategies to prevent and reduce tobacco and marijuana use by youth in Jefferson County. Subrecipient
agrees to implement programs that provide protective factors for youth in Jefferson. This agreement, for
$1,831.50, is to pay for direct labor, direct material, and other direct costs.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This contract agreement is fully funded by JCPH through ,Yregional funding received from the Washington
State Department of Health, Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County
Public Health contract number N-22-028 and N-22-028-A1 KPHD 2262 (Agency Contract).
RECOMMENDATION:
JCPH management requests approval of the Subrecipient Agreement with Educational Service District, 114 to
develop and implement tobacco, vapor and marijuana product intervention strategies; February 1, 2023 —June
15, 2023; $1,831.50.
REVIEWED Y:
Mark McCauley, Cou Administrator Date
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f) 360-379-4487
N-22-028-09 Always working for a safer and healthier community
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Olympic Educational Service District No 114 Contract No: N-22-028-09
Contract For: YCCTPP Mini-grant- Sequim HS Mural Tenn: 2/1/2023 - 6/15/2023
COUNTY DEPARTMENT: Public Health
Contact Person: Denise Banker
Contact Phone: x438
Contact email: dbanker@co.jefferson.wa.us
AMOUNT: $1831.50 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $1831.50 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# 127 RFP or RFQ
Munis Org/Obj 12756220 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C 1VPI,I,AN CE 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■ N/A: u February 10,2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
February 10,2023
CERTIFIED: PIMA:
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through LaserBche):
Electronically approved by Risk Management on 2/15/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Lasertiche):
Electronically approved as to form by PAO on 2/15/2023.
PH standard subrecipient agreement language.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
DocuSign Envelope ID:475102CF-2B8B-4553-80C0-BA261F5007B9
SUBRECIPIENT AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
Olvmpic Educational Service, District 114
This Subrecipient Agreement(Agreement)Between Jefferson County and Olympic Educational
Service District, 114 is made and entered into by Jefferson County(County) and Olympic
Educational Service District, H 4(Subrecipient) for completion of Project title: Sequim High
School Mural (Project)pursuant to Youth Cannabis and Commercial Tobacco Prevention
Program, Jefferson County Public Health contract number N-22-028 and N-22-028-A1 KPHD
2262 (Agency Contract).
Funds awarded for this Project have been provided to by the County by the Washington State
Youth Cannabis and Commercial Tobacco Prevention Program(YCCTPP)and are state funds
that focus on cannabis and commercial tobacco activities.
IT IS AGREED UPON BY THE PARTIES AS FOLLOWS:
A. TERM OF THIS AGREEMENT
The term of this Agreement is from February 1, 2023 through June 15 2023.
B. TERMINATION
(1) Should a party default in providing Project services under this Agreement or materially
breach any of its provisions,the other party may terminate this Agreement upon ten(10)
days written notice. A party shall have the right and opportunity to cure any such material
breach within the ten(10) day period.
(2) The County may terminate this Agreement upon immediate notice to Subrecipient in the
event that the funding for the project ceases or is reduced in amount. Subrecipient will
be reimbursed for services expended up to the date of termination.
(3) In the event of default,the Subrecipient must return any disbursed funds associated with
this Project within thirty-days (30)of notice of termination by County.
C. PROFESSIONAL SERVICES BY SUBRECIPIENT
In completion of Project all Project services provided by Subrecipient shall include:
(1) All Work, if any. Required by the Agency Contract. All work required by the Agency
Contract,if any,a true and correct copy of which is attached as APPENDIX B.
(2) Perform All Subrecipient Obligations. In addition to the above, Subrecipient shall fulfill all
of Subrecipient Obligations listed below.
D. SUBRECIPIENT'S OBLIGATIONS
Subrecipient shall fulfill the following obligations:
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N-22-0213-09
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(1) Subrecipient shall fulfill all the requirements of the Agency Contract.
(2) Subrecipient shall comply with all state and federal requirements regarding the
confidentiality of participant records.
(3) Subrecipient shall have written policies regarding sexual harassment and non-
discrimination(said policies must guarantee human/civil rights);regarding a person's
right to privacy,regarding safeguarding personal information and abuse of participants;
regarding agency medication procedure; regarding respectful staff-to-participant
interactions (i.e.: including a person's right to be treated with dignity and respect free of
abuse).
(4) Subrecipient shall provide all youth activities for substance use prevention as outlined in
our Mini-Grant application.
(5) Subrecipient shall be required to complete reporting related to these funds monthly,with
final report and presentation due by June 15,2023.A reporting template will be provided.
(6) Subrecipient shall comply with all applicable federal, state, and local regulations.
(7) Subrecipient shall comply with all the policies of the Jefferson County department
managing this Agreement.
E. REIMBURSEMENTS
(1) Total reimbursements for fiscal year 2023 to Subrecipient by the County under this
Agreement shall not exceed$1,831.50 awarded to Subrecipient as mini-grant awardee.
(2) Under this Agreement,the County shall disburse awarded mini-grant funds upon final
execution of this Agreement.
(3) Subrecipient will receive Project balance upon execution of this agreement and will
provide monthly to the County a detailed description of Project's progress,including
accounting of all expenditures made during the month in which Subrecipient is reporting
(template provided).
F. DEBARMENT
By signing this Agreement, and Appendix A, Subrecipient certifies that it is not presently
debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded in any
Washington State or Federal department or agency from participating in transactions (debarred).
Subrecipient agrees to include the above requirement in any and all subcontracts into which it
enters, and also agrees that it will not employ debarred individuals. Subrecipient must
immediately notify the County if, during the term of this Agreement, Subrecipient becomes
debarred. The County may immediately terminate this Agreement by providing Subrecipient
written notice, if Subrecipient becomes debarred during the term of this Agreement.
G. FUNDING WITHDRAWN,REDUCED OR LIMITED
If the County determines in its sole discretion that the funds it relied upon to establish this
Agreement have been withdrawn, reduced or limited,or if additional or modified conditions are
placed on such funding after the effective date of this Agreement but prior to the normal
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DocuSign Envelope ID:475102CF-268B-4553-80C0-BA261 F500769
completion of this Agreement, then the County, at its sole discretion,may: (1) Terminate this
agreement; (2)Renegotiate this Agreement under the revised funding conditions; or, (3) Suspend
Subrecipient's performance under this Agreement upon five(5)business days' advance notice to
Subrecipient, if the County determines that there is a reasonably likelihood that the funding
insufficiency may be resolved in time to allow Subrecipient's performance to resume prior to the
normal completion date of this Agreement.
H. OVERPAYMENTS OR ERRONEOUS PAYMENTS TO SUBRECIPIENT
If overpayments or erroneous payments have been made to Subrecipient under this Agreement,
the County will provide notice to Subrecipient and Subrecipient shall refund the full amount of
the overpayment within thirty(30) calendar days of the notice. If Subrecipient fails to make
timely refund,the County may charge Subrecipient one percent(1%)per month on the amount
due,until paid in full.
I. RECORDS AND DOCUMENTS REVIEW
(1) Subrecipient must maintain books,records,documents,magnetic media,receipts,invoices
or other evidence relating to this Agreement and the completion of the funded Project,
procedures,and practices, all of which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this Agreement.
(2) Subrecipient must retain such records for a period of six(6)years after the date of final
payment under this Agreement.
(3) If any litigation,claim or audit is started before the expiration of the six(6)year period,the
records must be retained until all litigation, claims, or audit findings involving the records
have been resolved.
J. RISK ASSESSMENT AND MONITORING FOR COMPLIANCE BY THE
COUNTY.
Subrecipient shall immediately report to the County any failure to perform under this Agreement.
K. GENERAL TERMS AND CONDITIONS
(1) Subrecipient's relation to the County shall at all times be that of independent
Subrecipient. Any and all employees,volunteers, and any person(s) involved in the
completion of this Project of Subrecipient's, or other persons engaged in the performance
of any work or service required of Subrecipient under this Agreement, shall be
considered associates of Subrecipient only, and any claims that may arise on behalf of or
against said associates shall be the sole obligation, liability, and responsibility of
Subrecipient.
(2) Subrecipient,by signature to this Agreement, certifies that Subrecipient is not presently
debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded
from participating in this Agreement,or any Agreement by any Federal department or
agency.
(3) Subrecipient shall not subcontract or assign any of the services or funds covered by this
Agreement.
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(4) All cost for liability insurance and all liability of any and all kind associated with and to
the commencement through completion of this Project shall be considered the sole
responsibility of the Subrecipient.
(5) It is understood and agreed that this Agreement is entered into in the State of
Washington. This Agreement shall be governed by and construed in accordance with the
laws of the United States,the State of Washington, and the County of Jefferson, as if
applied to transactions entered into and to be performed wholly within Jefferson and
Clallam Counties, Washington.No party shall argue or assert that any state law other
than Washington law applies to the governance or construction of this Agreement.
(6) Should either party bring any legal action, each party in such action shall bear the cost of
its own attorney's fees and court costs. The venue for any legal action shall be solely in
the appropriate state court in Jefferson County, Washington, subject to the venue
provisions for actions against counties in RCW 36.01.050.
(7) Subrecipient shall indemnify and hold the County,and its officers,officials, employees,
agents and volunteers(and their marital communities)harmless from and shall process
and defend at its own expense,including all costs, attorney fees and expenses relating
thereto,all claims,demands,or suits at law or equity arising in whole or in part,directly or
indirectly, from Subrecipient's negligence or breach of any of its obligations under this
Agreement;provided that nothing herein shall require a Subrecipient to indemnify the
County and its officers, officials, employees, agents and volunteers(and their marital
communities) against and hold them harmless from claims,demands or suits based solely
upon the conduct of the County,its officers,officials, employees, agents and volunteers
(and their marital communities),and provided further that if the claims or suits are caused
by or result from the concurrent negligence of:
(a) Subrecipient's agents or employees;and,
(b) The County,its officers,officials,employees,agents and volunteers(and their
marital communities),this indemnity provision with respect to: (i)claims or suits
based upon such negligence,or(ii)the costs to the County of defending such claims
and suits,etc., shall be valid and enforceable only to the extent of Subrecipient's
negligence or the negligence of Subrecipient's agents or employees.
(c) Subrecipient specifically assumes potential liability for actions brought against the
County by Subrecipient's employees,including all other persons engaged in the
performance of any work or service required of Subrecipient under this Agreement
and, solely for the purpose of this indemnification and defense, Subrecipient
specifically waives any immunity under the state industrial insurance law,Title 51
RCW. Subrecipient recognizes that this waiver was specifically entered into
pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation.
(d) The provisions of this section shall survive the expiration or termination of this
Agreement.
(8) Subrecipient shall not discriminate against any person presenting themselves for services
based on race,religion,color,sex,age,or national origin.
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(9) No portion of this Agreement may be assigned or subcontracted to any other individual,
firm,or entity.
(10) This Agreement memorializes the entire agreement between the parties.No representation
or promise not expressly contained in this Agreement has been made. The parties are not
entering into this Agreement based on any inducement,promise, or representation,
expressed or implied,which is not expressly contained in this Agreement. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements,whether written or oral,within the scope of this
Agreement.
(11) Subrecipient is responsible for meeting all terms and conditions of this Agreement
including standards of service, quality of materials and workmanship, costs, and
schedules. Subrecipient assumes responsibility for and all liability for the actions,
damages, and all quality of services performed by any associate affiliated with
subrecipient's funded Project.
(12) While performing Project services,the use of illegal drugs, alcohol, or controlled
substances on the County property or premises is strictly prohibited. Subrecipient,
volunteers, and subrecipient associates and/or employees shall not perform Project
services while under the influence of drugs or alcohol,and if discovered,may be reported
to the appropriate law enforcement agency.
(13) The use of tobacco of any kind on property or premises of the County shall comply with
County policies.
(14) Any form of harassment, discrimination, or improper fraternization with any County
employee or a participant is strictly prohibited.
(15) No consent by either party to,or waiver of,a breach by either party,whether express or
implied, shall constitute a consent to,waiver of,or excuse of any other,different,or
subsequent breach by either party.No term or provision of this Agreement will be
considered waived by either party, and no breach excused by either party, unless such
waiver or consent is in writing signed on behalf of the party against whom the waiver is
asserted. Failure of a party to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default.
(16) The parties agree that facsimile and electronic signatures shall have the same force and
effect as original signatures.
(17) The terms of this Agreement are not severable. If any provision of this Agreement or the
application of this Agreement to any person or circumstance shall be invalid, illegal, or
unenforceable to any extent, the remainder of this Agreement and the application this
Agreement shall not be enforceable.
(18) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest,heirs and assigns.
(19) The parties do not intend, and nothing in this Agreement shall be construed to mean, that
any provision in this Agreement is for the benefit of any person or entity who is not a party.
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(20) This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different tunes and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
(21) The parties agree that this Agreement has been negotiated at arms-length, with the
assistance and advice of competent, independent, legal counsel.
(22) This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest,heirs and assigns.
(23) Notwithstanding any provisions of this Agreement to the contrary,to the extent any
record, including any electronic, audio,paper or other media, is required to be kept or
indexed as a public record in accordance with the Washington Public Records Act,
Chapter 42.56 RCW(as may be amended), Subrecipient agrees to maintain all records
constituting public records and to produce or assist the County in producing such records,
within the time frames and parameters set forth in state law. Subrecipient also agrees that
upon receipt of any written public record request, Subrecipient shall,within two business
days,notify the County by providing a copy of the request per the notice provisions of
this Agreement.
(24) All notices or other communications which any party desires or is required to give shall
be given in writing and shall be deemed to have been given if hand-delivered, sent by
facsimile, email, or mailed by depositing in the United States mail,prepaid to the party at
the address listed below or such other address as a party may designate in writing from
time to time. Notices to the County shall be sent to the following address:
Laura Tucker, YCCTPP
Jefferson County Public Health
615 Sheridan St.
Port Townsend, WA 98368
Notices to Subrecipient shall be sent to the following address:
Michelle Dower, Student Assistance Coordinator
mdower(&oesd 114.org
360-689-7100
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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DocuSign Envelope ID:475102GF-2B8B-4553-8000-BA261F5007B9
ADOPTED THIS day of ,2023
BOARD OF COUNTY COMMLSSIONERS SUBRECIPIENT
JEFFERSON COUNTY,WASHINGTON
DocuSigned by:
By: B :t1r_ #Ar6lA.,IJAW-1.
Greg Brotherton, Chair Date D—
Name: Dr. Aaron Leavell
By. Title: Superintendent
Kate Dean, Commissioner Date
Organization: Olympic Educational Service District 114
By: Date: 2/23/2023
Heidi Eisenhour, Commissioner Date
SEAL:
DS DS DS
ATTEST: S
n n
Schutte Lathrop Schulz
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
February 15,2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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DocuSign Envelope ID:475102CF-2886-4553-80C0-BA261 1`500769
APPENDIX A—COMPLIANCE AND RISK MONITORING FORM
This Compliance and Risk Monitoring Form shall be submitted before the Subrecipient
Agreement can be approved and also shall be submitted monthly,with final form submitted by
June 15, 2023.
AGENCY CONTRACT NO: N-22-028-09
DATE: 2/22/2023
NAME OF SUBRECIPIENT: Educational Service District, 114, SNquim HS Mural Project
By signing below, I declare under penalty of perjury of the laws of the State of Washington and
the United States that the forgoing is true and correct. (Check the applicable boxes.)
DATE CERTIFICATION ITEM YES NO
Subrecipient is not presently debarred, suspended, proposed
/22/2023 for debarment,declared ineligible, or voluntarily excluded ✓
from transactions by any Federal, State, or local department
or agency
Subrecipient has not within a 3-year period preceding the
submission of this Compliance and Risk Monitoring Form
been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in
/22/2023 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
Subrecipient is not presently indicted for or otherwise
criminally or civilly charged by a governmental entity
(Federal, State,or local)with commission of fraud or a
criminal offense in connection with obtaining, attempting
/22/2023 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
Subrecipient has not within a 3-year period preceding the
/22/2023 submission of this Compliance and Risk Monitoring Form
one or more public transactions(Federal, State, or local)
terminated for cause or default
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DocuSign Envelope ID:475102CF-21386-4553-80C0-BA261 1`500769
DATE CERTIFICATION ITEM YES NO
/22/2023 Subrecipient has provided all written reports required by /
the Agreement as of the submission of this Compliance and ✓
Risk Monitoring Form(Templateprovided)
/22/2023 Subrecipient certifies that the Project will be completed by
June 15,2023
Subrecipient certifies that Project outcomes will be
/22/2023 presented at one Olympic Prevention Partnership meeting, ✓
and one CPWI Coalition meeting.
Signed at Bremerton WA
City State
oocusgrwdW 2/22/2023
T SIGNATURE DATE
Susan Lathrop
WRITTEN NAME OF PERSON SIGNING CERTIFICATION
APPROVED BY THE COUNTY:
COUNTY APPROVAL SIGNATURE DATE
WRITTEN NAME OF PERSON APPROVING CERTIFICATION
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DocuSign Envelope ID:475102CF-2B8B-4553-80C0-BA261F5007139
Appendix B
Scope of Work and Budget
Mini-grant Subrecipient Awardee:
ESD 114
Title: Sequim High School Mural Project
Topic: Timeline
Month/Date Action Item Description
January/Feb 2023 SAP recruits students Student Student recruitment
recruitment
February, 2023 Meetings Discuss MH and mural art techniques
March, 2023 Meetings Mural design and planning
April—June,2023 Implementation Painting of mural
Topic: Budget
Budget Item Amount Description
Food/snacks $500 Food for student meetings
Supplies $1,000 Paint,paint supplies such as brushes,paint,etc.
Incentives $150 Gift cards for student participation
Indirect $181.50 Required 11%indirect
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