HomeMy WebLinkAboutWA State Employment Security Dept 615 Sheridan Street
Port Townsend, WA 98368
ofeehson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public HeCuirlithi
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Apple Martine, Director
Anna McEnery, DD & BH Coordinator
DATE:
SUBJECT: Agenda Item — Interagency Agreement #K8323 between the Washington State
Employment Security Department and Jefferson County Public Health, for the
Jefferson County Accessible Community Advisory Committee (ACAC); to increase
awareness, accessibility and remove barriers for County residents with
disabilities; The Agreement is for One Year from Execution; $13,750.00.
STATEMENT OF ISSUE:
Jefferson County Public Health, Developmental Disabilities Division, is requesting Board approval of
Interagency Agreement #K8323, by accepting grant funds from the Washington State Employment Security
Department. The Agreement is for one year upon signature; $13,750.00.
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: To improve Accessibility Technology for Key City
Public Theatre, so, it will be accessible to more than 3,630 Jefferson County residents who experience
disabilities.
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-24-002
RECOMMENDATION:
JCPH management request approval of Interagency Agreement #K8323, with the Washington State
Employment Security Department; to implement an ACAC grant project that will increase awareness,
accessibility and remove barriers for County residents with disabilities. The Agreement is for one year upon
signature; $13,750.00.
REVIEWED BY:
1irA'
Mark McCauley, unty 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
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: WASHINGTON STATE-EMPLOYMENT SECURITY DEPARTMENT-ACAC Contract No: DD-24-002
Contract For: Key City Public Theatre Term: One Year from Execution
COUNTY DEPARTMENT: Public Health
Contact Person: Anna Mc Enery
Contact Phone: x410
Contact email: amcenery@co.jefferson.wa.us
AMOUNT: $13,750.00 PROCESS: zExempt from Bid Process
Revenue: $13,750.00 Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# 127 _RFPorRFQ
Munis Org/Obj HDD-933- 12756800 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP CE W 5.Q ND CHAPTER 42.23 RCW.
CERTIFIED: fl N/A:f ���' Jan 16,2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: L ir' N/A: El Jan. 16,2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/17/2024.
State agreement. Cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/17/2024.
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
Employment Security Department
WASHINGTON STATE
P.O.BOX 9046,OLYMPIA,WASHINGTON 98507-9046
CONTRACT K8323/DD-24-002
Between
WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT
And
JEFFERSON COUNTY, WASHINGTON
CONTRACT INFORMATION Other Party Contract No: DD-24-002
Contract start date Contract end date Contract amount Authorization
Date of Mutual Execution One-Year $13,750.00 Chapter 39.34 RCW
Purpose
In collaboration with Jefferson County, the Accessible Communities Advisory Committee(ACAC)of Jefferson County
will improve disability access at the Key City Public Theater.
PARTIES:
Jefferson County, WA(County)
Address Business registration or UBI Statewide Vendor Number
615 Sheridan, Port Townsend,WA 98368 161-001-169 SWV0002430
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
360-890-3774 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.
Jefferson County Washington Date Employment Security Department Date
Name Name
Kate Dean Elizabeth Gordon
Title Title
Chair, Board of County Commissioners GCDE Executive Director
Approved as to form only:
1JC - --
Philip C. Hunsucker, Date January 17,2024
Chief Civil Deputy Prosecuting Attorney
DD-24-002
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:
1. 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.
In collaboration with Jefferson County, the Accessible Communities Advisory
Committee (ACAC) of Jefferson County, will improve disability access to Key City
Public Theater.
2. 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:
3. CONTRACT TERM
The term of this Agreement starts on the date of execution and ends one-year from the
date of execution, unless terminated sooner as provided herein. Parties may agree to
extend the term upon issuance 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. ESD will reimburse County for its
expenditures and costs in the amount of$13,750.00, as shown in Exhibit B.
Payment by ESD for reimbursement on the satisfactory performance of the work shall
not exceed the above-noted 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.
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.
Employment Security Department Page 2 of 8 ESD Contract#K8323
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.
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
Employment Security Department Page 3 of 8 ESD Contract#K8323
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.
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 extentpermitted bylaw, ESD shall indemnifyand 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
Employment Security Department Page 4 of 8 ESD Contract#K8323
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
security procedures and protections to assure records and documents provided by
the other party are not erroneously disclosed to third parties.
Review of Records: County 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 thisAgreement 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 County in writing of
the need to take corrective action, prior to termination, and allow the County
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 County 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.
Employment Security Department Page 5 of 8 ESD Contract#K8323
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 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 6 of 8 ESD Contract#K8323
Exhibit A
Statement of Work
JEFFERSON COUNTY
ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE(ACAC)
Project
To improve Accessibility Technology for Key City Public Theatre in Port Townsend, WA.
Overview
Purchase Assistive Listening,Audio Description and ASL Interpretation technology and
equipment in order to remove barriers to participation in performing arts experiences
at Key City Public Theatre in Port Townsend, WA.
Timeline
It will take approximately 7 months to complete the project.
Resources required
1) Replace the older ALD system with one that provides Assistive Listening Devices to
be available at all performances as well as Audio Description Technology
2) Add two dedicated theatrical lighting instruments to Illuminate ASL Interpreters at
select performances currently scheduled for all 4 mainstage shows in the 2023-24
season with accessible sliding scale pricing to further ensure access.
Cost
$13,750
Cost is for the budget in Exhibit B.
Employment Security Department Page 7 of 8 ESD Contract#K8323
Exhibit A—Statement of Work
Exhibit B
Budget
JEFFERSON COUNTY
ACCESSIBLE COMMUNITIES ADVISORY COMMITTEE (ACAC)
KEY CENTER PUBLIC THEATER CONTRACT
Costs:
Supplies and Materials:$13,750
These expenses to complete the project include:
• Personnel expenses of$2,859 including: 1 audio/video systems technician for
design, acquisition,and installation,salary, and payroll taxes, 70hrs x$29/hr.
($2294);Staff training time for new equipment(basic operation, maintenance,
and sanitation protocols),salary and payroll taxes, 2hrs x$20/hr.x 5($226);
Project management by staff lead (planning and implementation, budget
oversight,funding/grant management,ADA compliance),salary and payroll
taxes, 10hrs x$30/hr. ($339).
• Equipment expenses of$8,655 including: hi definition concert sound/public
address system (speakers, amplifier, microphones, and wireless technology)
needed to integrate and serve the proposed ADA technology, ($8,105); 15%
contingency to cover fluctuation in current pricing of equipment and supplies,
($2063).
• Print materials of$400 including: Displays and instructions ($25); Marketing
expenses including: print and social media advertising($375)
• Volunteer training for new equipment(basic operation, maintenance and
sanitation protocols),volunteer time valued @$20/hour, 10 X 1hr, ($200);
Jefferson County ACAC representative Anna McEnery,advisory conversation
and emails,approx. 2 hours.
Employment Security Department Page 8 of 8 ESD Contract#K8323
Exhibit B—Budget