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HomeMy WebLinkAboutOlympic Peninsula YMCA Public Health615 Sheridan Street Port Townsend, WA 98368 �e Mon, www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt 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: 111 SUBJECT: Agenda item — Subrecipient Agreement with Olympic Peninsula YMCA Community Equity Initiative; February 1, 2023 — June 15, 2023; $5000 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Community Health Division, requests Board approval of the Subrecipient Agreement with Olympic Peninsula YMCA Community Equity Initiative to develop and implement coordinated tobacco, vapor and marijuana product prevention and intervention strategies; February 1, 2023 — June 15, 2023; $5000. ANALYSIS/STRATEGIC GOALS/PRO'S and CONS: 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 and Clallam County. This agreement, for $5000, 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 a regional 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 Olympic Peninsula YMCA Community Equity Initiative to develop and implement tobacco, vapor and marijuana product intervention strategies; February 1, 2023 — June 15, 2023; $5000. Mark McCauley, lVnty Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 Always working for a safer and healthier community N-22-028-10 SURRECIPIENT AGREEMENT BETWEEN JEFFERSON COUNTY AND OLYMPIC PENINSULA 'YMCA This Subrecipient Agreement (Agreement) Between Jefferson County and Ol m is Peninsula YMCA is made and entered into by Jefferson County (County) and 0l m is Peninsula YMCA. (Subrecipient) for completion of Project title: Community Eguity Initiative CEI BIPOC Fam it Excursions in Jefferson and Clallam Counties (Project) pursuant to Youth Cannabis and Commercial Tobacco Prevention Program, Jefferson County Public Health contract number N - 22-028 and N- 22 -028-A I 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.��023 through June 1 52023. B, TERMINATION (1) Should a part} 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 word if any, Tie wired 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 Oblimations. In addition to the above, Subrecipient shall fulfill all of Subrecipient Obligations listed below. D* SUBREIEIENT'S OBLIGATIONS Subrecipient shall fulfill the following obligations; YCCTPP Mini -Grant Subrecipient Agreement, JCPH, November 08, 2022 Page 1 of 11 (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 rust guarantee human/civil rights); regarding a persons right to privacy, regarding safeguarding personal information and abuse of participants; regarding agency medication procedure; regarding respectful staff -to -participant interactions (Le.: 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 M i n i-Grant appl ication. (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 to Subrecipient by the County under this Agreement shall not exceed $5000 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 .Wade 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 l� ederal 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 its, 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 nonnal N-22-028-10 Ycc"rpp Minn* -Grant Subrecipient Agreement, JCPH, November 08, 2022 Page 2 of t t completion of this Agreement, then the County, at its solc discretion, may: (1) Terminate this agreement; (2) Renegotiate this Agreement under the reprised 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 SUBRE IPILNT 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. Y, 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 perfon-nance 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. i. 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) Subreci lent, b signature to this Agreement, certifies that Subrecipient is not presently p y debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from in this Agreement, or any Agreement by any federal department or participating agency. p (3) Subrecipient shall not subcontract or assign any of the services or funds covered by this Agreement. -22-028.10 YCCTPP Mini -Grant Subrecipient Agreement, JCPH, November € 8, 2022 Page 3 of 1 I (4) All cost for liability insurance and all liability of any and all kind associated with and to the commencement throughcompletion 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 ofWashington, and the County of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson and lallam 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 attorneys 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 RCS` 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 theme 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 ifthe 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 RC . Subrecipient recognizes that this waiver was specifically entered into pursuant to provisions of RCS' 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. N-22-028-0 YCC'rt'P Mini -Grant Subrecipient Agreement, JCPH, November 08, 2022 Page 4 of t I (19) 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 inducements 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. 0 1) ubrecipicnt 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 subrecipientas 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 lave 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 ned 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. fi-22-028-1 o YC TPP Mini -Grant Subrecipient Agreement, JCPH, November 08, 2022 Page 5 of 11 (20) This A eFreement may be executed i n one or more counterparts, each of which shall be tp 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 tines 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 elcctronic, 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 RC w (as may be amended), Subrecipient agrees to maintain al 1 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 an written public record request, Subrecipient shall, within two business l' p y 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 shalt be deemed to have been given if hand -delivered, sent by facsimile, entail, or nailed 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: st Wendy Bart, CEO] Olympic Peninsula YMCA Contact: Tonia Burkett, Fiscal Sponsor/Grant Liaison Olympic Peninsula YMCA wendy tCt,,olvmt)ict)en'lnsulamea.org tonia R usawaconsultin .corn (SIGNATURES FOLLOW ON THE NEXT PAGE) N-22-025-10 YCCTPP Mini -Grant Subrecipient Agreement, JCPH, November 08, 202? Page 6 of t ADOPTED THIS � day of ...912023 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Greg Brotherton, Chair Date By. ■ Kate Dean, Commissioner Date By: Heidi E isenhourw Commissioner Date f SEAL, ATTEST-: Carolyn Gallaway, Date Clerk of the Board Approved as to form only: " March 8, 2023 --------------- Philip C. Hunsucker, er, Date Chief Civil Deputy Prosecuting attorney SUBRE IPIENT By. Signature Name:oom Title: ym/0 Organ izatinn:Ct�w',1e Py .i�1V(A. A Date: � ' ~ �-'�1`�-• N- 22-028-10 Ycc"rpp Mini -Grant Subrecipient Agreement, JCPH, November 08, 42; .1.022 Page 7 of I I APPENDIX A ---- COMPLIANCE AND RISK MONITORING FORM This Compliance and Risk Monitoring Form shall be submitted before the ubrecipient Agreement can be approved and also shall be submitted monthly, with final form submitted by .tune 15. 203. AGENCY CONTRACT NO: - 22-028- 10 DATE: �. NAME OF SUBRECIPIENT: Ol rn is Peninsula YMCA for CEI BIPOC Famil Excursion Pro'ect By signing below, l declare under penalty of perjury of the lags of the State of Washington and the United States that the forgoing is true and correct. (Cheep the applicable boxes.) DATE CERTIFICATION ITEM YES NO Subrecipient is not presently debarred, suspended, proposed for debar -rent, declared ineligible, or voluntarily excluded from transactions by any Federal, State, or local department or a enc Subrec i p lent 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 then 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 publ is transaction, violation of Fcderai or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen ro ert Subrecipient is not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State, or local) with commission of fraud or a criminal offense in connect*on w*th obtaining, attempting MV2 to obtain, or performing a public (Federal, State, or local) � violation transaction or contract under a public transaction; of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen ro ert ubreci lent has not within a 3-year period preceding the 3-b submission of this Compliance and Risk Monitoring Form State, or local) one or more public transactions (Federal, terminated for cause or default N..2 2-028-10 YCCTPP Mini -Grant Subreciplent Agreement, JCPH, November 08, ?02? Page 8 of I t DATE CERTIFICATION ITEM YES NO Subrecipient has provided all written reports required by the Agreement as of the submission of this Compliance and Risk Mon itorin S,, Form Tem lateprovided) ........ Subrecipient certifies that the Project will be completed by .tune 15, 2023 Subrecipient certifies that Project outcomes will be presented at one Olympic Prevention Partnership greeting, and one C PWI Coal itien rneetin . • Signed at ai City State A SUBEC IPIENT IGNATUR.E DATE to WRITTEN NAME OF PERSON SIGNING CERTIFICATION APPROVED BY THE COUNTY: COUNTY APPROVAL SIGNArrURE DATE E WRITTEN NAME OF PERSON APPROVING C ERTIF ICA"rION N-22-028-10 YCCTPP Mini -Grant Subrecipient Agreement, , CPH, November 08,2022 Page 9 of I t Appendix B Statement of Work and Budget Wni- rant Subrecivient Awardee: Olympic Peninsula {MCA for CEI BIPOC Family Excursion Project Title: BIPOC Family Excursions in Jefferson and Clallarn Counties Budget and Timeline: Topic: Timeline Provide an estimated timeline for your project or event. Month/ Date Action Item Description Late February and Early March 2823m, CEI organizers reach out to youth. The liaisons/mentors will use existing connections to identify youth interested in organizing May BIPOC Family Excursion. March, 2023 BIPOC youth begin planning. Organizers will conduct survey to assess the needs and interests of BIPOC youth. Organizers will mentor BIPOC youth to help them generate ideas for May BIPOC Family Excursion. Create a checklist of details that identify tasks associated with the event. April 2023 Solidify event details. Check in with Liaisons and youth organizers to be sure tasks are being completed and the event is being promoted. May 2023 Hold the event Mentors will support the event by helping youth organizers assign event tasks to ensure the event happens as planned. Budget Items A -mount AMOUNT DESCRIPTION MentorStipend $1,750 BIPOC liaisons/mentors from Estimated 70 hours of CEI alongside BIPOC Liaison/Mentor time @ $25 Excursion per hour or ani gzers will support outreach and youth rnentorship over 4 months (Feb -May). N�2�,_o2gto YCCT'PP Mini -[rant Subrecipient Agreement, JCPH, November 08. 022 Page 10 of I I Supplies 350 May include tools, art supplies, games, decorations, etc. Facilitator/Educator $11l800 Estimated cost for two or Depending on the activity the three BIPoc educators or youth determines. This facilitators at the event. *cEI stipend includes time to recognizes the importance of prepare and facilitate the honoring the time and skills event. of BIPoc educators and prioritizes some form of payment instead of assuming volunteerism. incentives (gift cards) $500 Gift cards to encourage youth and family participation. Gift cards will be for local businesses such as movie theaters, retail shops, services, etc. Refreshments/Meals* $500 Drinks and snacks for up to 50 people or meals if the event is over 4* hours. Most BIPoc Excursions have been 4 or more hours long. Rental Space $1 oo dental cost for the space to provide both indoor and outdoor space for meetings and the event. TOTAL $5000 N-22-028--10 YCCTP'P Mini- Grant uhrecipient Agi-eement� JC PH, November O8. 2O22 Page 1 l of 11