HomeMy WebLinkAboutCapital Region ESD 113 - Interlocal Agreement DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
Contract# 6105-IA-01984 INTERLOCAL AGREEMENT AR
Title Mason County Public Health YCCTPP 2023-2024 FORM 6105-IA
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Contract for services provided by Capital Region ESD 113 dated this 6th day December 2023 between:
CAPITAL REGION ESD 113 (ESD113)
6005 Tyee Drive SW•Tumwater,WA 98512
AND
MASON COUNTY PUBLIC HEALTH (AGENCY)
415 N 6th Street, Bldg 8 - Shelton, WA 98584
In consideration of the promises and conditions contained herein, ESD113 and Agency do mutually agree as follows:
I. PURPOSE
The purpose of this Agreement is to provide state funding to plan, implement,and evaluate cannabis
and commercial tobacco* (including vapor products) prevention and control activities in accordance with
Department of Health(DOH)contract#GVL28670-0 in support of the YCCTPP's mission statement.
Background:The Youth and Cannabis and Commercial Tobacco Prevention Program's (YCCTPP) mission is to
prevent initiation and reduce cannabis and commercial tobacco use by youth, ages 12-20, support adults
who influence these youth, leverage resources for promoting and supporting commercial tobacco
dependence treatment and reduce cannabis and commercial tobacco-related inequities within Washington
State.
11. GRANT REQUIREMENTS&STATEMENT OF WORK:The Agency will furnish the necessary personnel,
equipment, material and/or services and otherwise do all things necessary for or incidental to the
performance of the work detailed in Exhibit A,Statement of Work(SOW), incorporated herein.
III. RESPONSIBILITY OF CAPITAL REGION ESD 113 (ESD 113)
1. ESD 113 will disburse funds to Mason County Public Health Agency.
2. ESD will provide technical assistance as needed.
3. ESD 113 will report to DOH on implementation progress.
IV. RESPONSIBILITIES OF GOVERNMENTAL AGENCY (AGENCY)
1. The Agency has full responsibility for the conduct and activity supported under this contract and for
adherence to the contract conditions.Although the Agency is encouraged to seek the advice and
opinion of ESD 113 and DOH on special problems that may arise,such advise does not diminish the
Agency's responsibility for making sound scientific and administrative judgments and should not imply
that the responsibility for operating decisions has shifted to ESD 113 or DOH.The Agency is
responsible for notifying ESD 113 about any significant problems relating to the administrative or
financial aspects of the contract.
2. The requirements of this contract are contained in the General Terms and SOW unless otherwise
specified in this contract. Certain applicable Federal standards are incorporated by reference.
3. By acceptance of this contract,the Agency agrees to comply with applicable Federal requirements and
management of all expenditures and actions affecting the contract. Documentation for each
Revised: June 28,2023(May 10,2023)(May 1,2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 2 of 8
expenditure or action affecting this contract must reflect appropriate organizational reviews or
approvals which should be made in advance of action. Organizational reviews are intended to help
assure that expenditures are allowable, necessary, and reasonable for the conduct of the project, and
that the proposed action:
A. Is consistent with the contract terms and conditions;
B. Represents effective utilization of resources; and
C. Does not constitute a significant project change
V. TERM OF THE CONTRACT
The initial term start of this contract shall commence on October 1,2023 and be completed on June 30,
2024, unless terminated sooner as provided herein. Any work done outside of the contract period shall be
provided at no cost to ESD 113 and may not be reimbursed under this contract.
Auto-renewing? MNO AYES
VI. PAYMENT PROVISIONS
Compensation for the work provided in accordance with this Agreement has been established under the
terms RCW 39.34.130.The parties have estimated that the cost of accomplishing the work herein will not
exceed $21,330(twenty-one thousand three hundred and thirty dollars,00/100), in accordance with
Exhibit A, attached hereto and incorporated herein. Compensation includes but is not limited to all taxes,
fees,surcharges, etc. Payment will not exceed this amount without prior written amendment.
A. Total consideration for this contract is up to$21,330 and is further divided as follows:
Chart of Funding Period Funding Period Funding Amount Funding Source
Accounts, Start Date End Date
Program Name
or Title
SFY24 Youth October 1, June 30, 2024 $1,347 The Youth Tobacco
Tobacco Vapor 2023 and Vapor Product
Products Prevention Account
(YVTP)
SFY24 Dedicated October 1, June 30,2024 $19,983 The Dedicated
Cannabis 2023 Cannabis Account
Account (DCA)
B. Agency agrees to comply with applicable rules and regulations associated with these funds.
1. ESD 113 will authorize payment only upon satisfactory completion and acceptance of deliverable and
for allowable costs as outlined in the Statement of Work and Responsibilities of Governmental
Agency.
2. Monthly Activity Reports are to be submitted to ESD 113 by the 5th of each month for the previous
month's activity and the Expenditure Report and Invoice Request for Reimbursement must be
provided to ESD 113 by the 15th day of the month for the previous month's activity to receive
reimbursement for the previous month.
Revised: June 28,2023(May 10,2023)(May 1,2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 3 of 8
3. Agency will submit all reimbursement forms to cchitwood@escill1org and purchasing@esdll3.org
4. Reimbursement requests must include a general ledger of expenses. Supporting documentation such
as approved timesheets, payroll records, and receipts for equipment, goods,services, related travel,
and payments to vendors contracted by the Agency will be held by the Agency and made available to
ESD 113 upon request.
5. Agency will produce a required final 4-month expenditure plan by February 28th,2024,to ESD 113
YCCTPP Region Network Facilitator explaining in detail how the remaining YCCTPP funds will be spent
by June 30th, 2024. If ESD 113 YCCTPP Region Network Facilitator does not receive a final 4-month
expenditure plan by February 28, 2024, and/or the funds are not 50%spent by this date, ESD 113
reserves the right to reallocate those unspent funds for YCCTPP enrichment activities, events,
trainings, or other such relevant uses.
6. The Agency is encouraged to make final purchases by May 30, 2024,to allow adequate time to submit
invoices and receipts. Purchased goods must be in the possession of program staff no later than June
30,2024. Final invoices and receipts should be submitted to ESD no later than July 15,2024.
SIGNATURES
In witness whereof,Capital Region ESD 113 and the Agency certify that they have read, understand,and executed this
entire agreement.
I ' 12/19/2023 D C�
�LIA.l�tiftl" f ri M Date Date 1 I 1 I201R-
Capital Region ESD 113 Authorized Signor Agency's gnature
Original copy to be signed, returned to Capital Region ESD 113, and approved by its designee prior to the
commencement of services.
Revised: June 28,2023(May 10,2023)(May 1, 2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 4 of 8
GENERAL TERMS
AUTHORITY
This agreement between Capital Region ESD 113 and AGENCY,is entered into in accordance with the authority granted in the
Interlocal Cooperation Act, RCW 39.34.030 and provisions that authorize educational service districts and school districts to
contract with each other for services,specifically 28A.310.010,28A.310.180,28A.310.200,28A.320.080 and 28A.320.035
The provisions of educational, instructional or specialized services in accordance with this Agreement shall improve student
learning or achievement.
A separate legal entity is not being created. Capital Region ESD 113 shall administer the joint undertaking desribed in the terms
of this Agreement.
PAYMENTS
Capital Region ESD 113 or its designee determines that the services or goods provided by Agency are satisfactory, provided that
such determination shall be made within a reasonable time and not be unreasonably withheld.
Interim payments during the contract are allowed as specified. Any date specified herein for payment(s)to Agency shall be
considered extended as necessary to process and deliver a warrant for the amount(s). Such extension will be not greater than
thirty(30)days following completion of the service and receipt of an appropriate invoice,whichever occurs later.
PROHIBITION AGAINST ASSIGNMENT
Neither this contract nor any interest therein may be assigned by either party without first obtaining the consent of the other
party.
AGREEMENT ALTERATIONS AND AMENDMENTS:This Agreement may be amended by mutual agreement of the parties.Such
amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
NON COMPETE ❑ Not applicable if checked.
During the term of this contract and for 24 months after the contract completion, including any contract time extensions
provided,the Contractor shall not enter into business practices related to this contract to,or within,the ESD 113 region without
express written permission of the Superintendent of ESD 113.
OWNERSHIP OF WORK PRODUCTS AND RESTRICTION AGAINST DISSEMINATION
If the Agency is required by this Contract to develop a concept or product for ESD 113,then all correspondence, papers,
documents,reports,files,film work products(inclusive of intellectual concepts and properties),and all copies thereof which are
received or developed by the Agency and Agency's employee(s)and agent(s)in the course of performing,or as incident thereto,
Agency's duties pursuant to the agreement shall, immediately upon receipt, preparation,or development, become the exclusive
property of ESD 113 in perpetuity of any and all purposes.All items described above shall be provided to and left with the ESD
113.
When ESD 113 obtains such rights,the Agency and Agency's employees and agent(s)shall not,without prior written approval of
ESD 113, either during the term of this agreement or at any time thereafter,directly or indirectly disclose or give to any person,
firm, partnership,corporation,agency or political subdivision;any state or federal government;any educational agency,
institution,or organization any portion of the above-described items and properties or any information acquired in the course
of or as an incident to the performance of contracted duties hereunder,for any purpose or reason.
COPYRIGHT
The Agency shall be responsible for the acquisition of any necessary copyright releases for materials used in the performance of
services under this Contract.This shall not include materials originated under this Contract to which ownership belongs to the
ESD,as discussed in the previous section.
INDEMNIFICATION
The Agency or its designee indemnifies and shall defend and hold ESD 113,its employees,agents and representatives, harmless
from and against all third-party claims,actions, liens,suits or proceedings asserted against ESD 113 that are related to the
Revised: June 28,2023(May 10,2023)(May 1, 2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 5 of 8
Agency's obligations or performance under this Contract.The Agency shall timely reimburse ESD 113 for all costs,expenses,
damages, losses, liabilities or obligations,including reasonable attorney's fees, incurred by ESD 113 as a result of such third-
party claims,actions, liens,suits or proceedings.
ESD 113 or its designee indemnifies and shall defend and hold The Agency,its employees,agents and representatives, harmless
from and against all third-party claims,actions, liens,suits or proceedings asserted against The Agency that are related to ESD
113's obligations or performance under this Contract. ESD 113 shall timely reimburse The Agency for all costs,expenses,
damages, losses, liabilities or obligations,including reasonable attorney's fees, incurred by The Agency as a result of such third-
party claims,actions, liens,suits or proceedings.
DISPUTES
Notice of potential disputes between the Agency and ESD 113 on the interpretation of the content of this contract or any
appendices must be served in writing to the other party to this contract.There shall be an attempt to resolve the dispute,but if
resolution is not possible,each party shall submit their position and supporting documentation to the ESD 113 Board of
Directors,whose decision shall be final.
TERMINATION
This agreement may be terminated by either party or any designee thereof at any time,with or without reason,upon written
notification thereof to the other party.The notice shall specify the date of termination and shall be conclusively deemed to have
been delivered and received by the other party as of midnight of the fifth day following the date of its posting in the United States
mail addressed as first noted herein in the absence of proof of actual delivery to and receipt by Agency by mail or other means at
an earlier date and/or time.
In the event of termination,Agency shall be entitled to an equitable proration of the total compensation provided herein for
uncompensated services which have been performed as of termination,and to the reimbursement of expenses incurred as of
termination,but solely to the extent such expenses are reimbursable pursuant to the provision of the agreement.
VERBAL AGREEMENTS
This written agreement constitutes the mutual agreement of Agency and Capital Region ESD 113 in whole. No alteration or
variation of the terms of this agreement and no oral understandings or agreements not incorporated herein,shall be binding
unless such amendments have been mutually agreed to in writing.
APPLICABLE LAW
This agreement shall be governed by the laws of the State of Washington.Venue for any legal action shall be proper only in
Thurston County,Washington.
Agency shall comply,where applicable,with the Agency Work Hours and Safety Standards Act and any other applicable federal
and state statutes, rules and regulations.
CRIMINAL ACTIVITY
Agency shall ensure that the Agency and the Agency's employees or agents having unsupervised access to children in the
performance of this agreement have no prior conviction,civil adjudications or disciplinary board final decisions which indicate
that it is inappropriate for these individuals to be working with children. Furthermore, persons having unsupervised access to
children, under this contract,shall be fingerprinted and checked through the Washington State Patrol (WSP)criminal
identification system, prior to preforming services under this contract.
NONDISCRIMINATION
No person of any class protected by law shall on the grounds of that class be excluded from participation in, be denied the
benefits of, or be otherwise subject to discrimination under any activity performed pursuant to this agreement.
BACKGROUND CHECKS
Agencies who will or may during the activities of this contract have regularly scheduled unsupervised access to children under
16 years of age,developmentally disabled persons,or vulnerable adults during the course of work shall,as part of this contract,
complete background check forms submitted by ESD 113. (RCW 43.43.830) Exception: An Agency may provide proof of an
existing valid background check.
Revised: June 28,2023(May 10,2023) (May 1, 2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 6 of 8
CONFLICT OF INTEREST
Neither the Contractor nor Contractor's employee(s)shall perform any duty pursuant to this agreement in which duty he/she
may have participated as an employee of the ESD 113.
AGENCY'S SIGNATURE
Agency and/or Agency's employee(s)or agent(s)signing this document certifies that he/she is the person duly qualified and
authorized to bind the Agency so identified to the foregoing agreement,and under penalty of perjury certifies the federal
identification number or social security number provided is correct.
INSURANCE COVERAGE
The Agency is not included under any ESD 113 insurance coverage.Accordingly:
The Agency is responsible for obtaining his/her own insurance coverage for Auto and General Liability.
The Agency must provide Industrial Insurance(Workers Compensation Insurance)for him/herself including owners and
directors,and any employees. It is further understood and agreed that the Agency and the Agency's employees are not covered
by either Industrial Insurance or Unemployment Insurance through ESD 113.
The Agency should consider obtaining additional insurance for any other liabilities that they may be subject to.
The Agency expressly waives all immunity and limitation on liability as an employee under any industrial insurance act or
workers'compensation act and indemnifies and holds harmless ESD 113 for any damages arising out of or in connection with
the work of this contract,except to the extent that it is caused by ESD 113's sole negligence.
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND INELIGIBILITY
If federal funds are the basis for this agreement,Agency certifies that neither it nor its principals are presently debarred,
declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency.
ESD 113 PROGRAM MANAGER Erin Wick PROGRAM ACCOUNT CODE 2064,2084
BOARD NOTIFICATION If contract/consortium is over$50,000,summary sent to ESD Contracts Office. [-]YES ® N/A
AGENCY CONTACT NAME: Emily Layman EMAIL: ELAYMAN@MASONCOUNTYWA.GOV
AUTHORIZED SIGNOR NAME: DAVID WINDOM EMAIL: DWINDOM@MASONCOUNTYWA.GOV
CONTRACT OFFICE APPROVAL— In accordance with Capital Region ESD 113 Signature Authorization and Control Procedure 6105-P.
Contract Office Approval
�O
Revised: June 28,2023(May 10,2023)(May 1, 2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 7 of 8
EXHIBIT A: STATEMENT OF WORK
ESD 113 will provide support to The Mason County Public Health and Human Services (MCPHHS) as they
work on a series of events that will be focused on cannabis and commercial tobacco prevention efforts
towards youth, school districts, and community members. With this relationship, we are hoping to
strengthen the work being done around smoking and vaping, leverage the expertise of Mason County
professionals in the region, and increase cessation by youth in Mason County.
Responsibilities of Mason County Public Health and Human Services (MCPHHS):
1. Deliverable: Support schools in implementing effective and equitable Substance Use Discipline
Policies, Practices, and Procedures, and in providing prevention resources on cannabis and tobacco
prevention.
Activities:
a. Support at least 1 school/Youth coalition on school discipline topics through technical assistance on
specific areas of need.
b. Compile, and disseminate prevention and cessation resources to school and coalition partners.
c. Promote Prevention Voices Tools and Resources to Mason County Substance Abuse Prevention
Coalition Partners.
2. Deliverable: Create a community engagement campaign around prioritized populations/communities
on youth cannabis and tobacco prevention.
Activities:
a. Support regional equity training &Technical Assistance (TA) opportunities to regional network
partners via email, local coalition meetings, regional coalition coordinators meetings, and promotion
to school admin & SAPs.
b. Identify minority group leaders in LGBTQ+, Pacific Islander, Indigenous Nations, and other
communities, and include them in already existing prevention networks.
c. Work with youth leaders in the region to develop social norms campaign.
d. Work with partners to address Youth Assessments in the region to identify additional prevention
needs.
e. Engage in professional development training opportunities to include youth engagement and other
relevant topics that support prevention work.
3. Deliverable: Community education
Activities:
a. Create media plan for 23-24 to promote You Can, Under the Influence of You, WA Quitline and any
additional Youth Cannabis and Tobacco Prevention campaigns and resources provided by WA
DOH social media campaign.
b. Promote youth developed social norms campaign virtually as well as in person.
Revised: June 28,2023(May 10,2023)(May 1,2021)(September 1,2019)(December 2014)
DocuSign Envelope ID:6652C9ED-B5EC-4E8E-A319-6F3EF58F3C11
CAPITAL REGION ESD 113
INTERLOCAL AGREEMENT AR
FORM 6105-IA
Page 8 of 8
c.Conduct an environmental assessment of cannabis and tobacco advertising, promotion, and
packaging and labeling practices within Mason County and share the assessment findings
with City Council and Mason County Board of Health
4. Deliverable: Collaborate with regional partners to explore addressing safe storage of cannabis &
tobacco products.
Activities:
a. Partner with local business and schools to promote RX Take Back Days that accept vape devices
and include information on best practices for disposing of vape devices/waste that cannot be
accepted at take back event
1. Provide information in English and Spanish
b. Promote safe storage project opportunities & safe storage messaging via email and social media
and at North Mason Safety Days project
c. Work with at least 2 private businesses to distribute safe storage materials in Mason County
Revised: June 28,2023(May 10,2023)(May 1, 2021)(September 1,2019)(December 2014)