HomeMy WebLinkAbout11-047 - Dynamic Family Services - 2011-2012 Pediatric Therapy and Support / Human Services 11 -047
CITY OF TUKWILA Council Approval N/A
2011 -2012 HUMAN SERVICES AGREEMENT
This Human Services Agreement "Agreement is dated this /p'day of 2011. The parties
"Parties to this agreement are the City of Tukwila, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Dynamic Family Services hereinafter referred to as "Agency" located at
10811 S.E. Kent Kangley Rd, Kent WA 98030.
WITNESSETH
WHEREAS the City has entered into an agreement for the planning, funding and implementation of joint
human services contracts; and
WHEREAS the City of Tukwila, along with the cities of Auburn, Covington, Renton and SeaTac wish to
make the most efficient use of their resources by cooperating to provide joint application and funding for
human services; and
WHEREAS it is the City's responsibility to enter into an agreement with the Agency on behalf of the cities
which are party to said agreement; and
WHEREAS the programs provided by the Agency are for the benefit of the general community and designed
for the well being of children, individuals, and families,
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein referred to, it is hereby
agreed by and between the parties as follows:
1. Services. The Agency shall provide the services described in Exhibit A, entitled Scope of
Services, attached hereto and incorporated herein by this reference "Services which services
shall be performed in a manner consistent with the accepted practices for other similar services,
completed to the City's satisfaction, within the time prescribed by the City, and pursuant to the
direction of the Human Services Manager or his or her designee.
2. Term. The term of this Agreement shall be for a period of two (2) years
commencing on January 1, 2011, and terminating on December 31, 2012 "Term Funding for
the second year of the contract is contingent upon satisfactory contract performance during the first
year of the contract term and upon the availability of funds to be allocated through each City's
budget process.
3. Termination. Prior to the expiration of the Term, this Agreement may be terminated or suspended
immediately, with or without cause by the City. The Agency may cancel this Agreement only
upon thirty (30) days prior written notice to the City. In the event the City terminates or suspends
this Agreement, the Agency will be entitled to receive compensation for any approved Services
rendered prior to the effective date of such termination or suspension. The Human Services
Manager's determination of such compensation shall be binding and conclusive.
4. Compensation.
Total Compensation. In Consideration of the Agency performing the Services, the City agrees to pay the
Agency an amount not to exceed the sum of Thirty -eight Thousand and Five hundred Thirty
Dollars and No /100 ($38,530.00) per year for completed services rendered under this agreement
and according to the budget specified in Exhibit D, and incorporated by reference as if fully set
forth.
Criteria for Comnensation. The City will use a variety of measures as indicators of satisfactory contract
performance. The Agency will be expected to meet at least 90% of the performance measures as
defined in Exhibit A. If the Agency does not meet the 90% of performance measures, payment for
services rendered under the agreement will be reduced by the number of percentage points below
the 90% level. At the 90% level, the Agency will be reimbursed at 100 The method for
calculating contract performance is specified below. Any exception must be negotiated with the
City. Exceptions may be in cases where circumstances beyond the Contractor's control impact
their ability to meet their performance measures and the agency has shown reasonable effort to
overcome those circumstances to meet their goals. Exceptions may be made at the discretion of the
Human Services Manager.
Method of Calculation. The performance measure "percentage of unduplicated clients served" will
comprise 50% of the formula used to determine reimbursement. Other performance measures will
be summed and will be the remaining 50% used to determine reimbursement. If an Agency
exceeds any of its performance measure goals, the level of reimbursement will remain the same.
The total reimbursement shall be based on cumulative data presented by the Agency in the final
reimbursement request and accompanying reports.
Method of Payment. Agency will submit a quarterly invoice to the City as specified in Exhibit B. No
invoice shall exceed one quarter of the total budgeted amount by more than 10% without prior
written authorization by the City. Failure to deliver the invoice and reports within this time period
may jeopardize the payment of funds for that quarter. Payment will be made no later than forty
five (45) days after receipt of invoice and approval of reports. If the City objects to all or any
portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of
the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the
disputed portion.
5. Monitoring. Even though the Agency is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work
must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory completion. The City shall review reports to monitor compliance with the level
of service set forth in Exhibit A. The City may also review program performance periodically on
site. Should the Agency fail to meet the minimum level of service represented by the Performance
Measures in Exhibit A, the City reserves the right to adjust payments as specified in Paragraph
4.1.2 "Criteria for Compensation
6. Independent Contractor. Agency and City agree that Agency is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto.
Neither Agency nor any employee of Agency shall be entitled to any benefits accorded City
employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Agency, or any employee of the Agency. Industrial or any other
insurance that is purchased for the benefit of the City, regardless of whether such may provide a
secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an
employment contract.
7. A2encv Indemnification. Agency represents to the City that Agency has competent, trained staff
and where necessary, professional staff to render the services to be performed under this
Agreement. The Agency agrees to indemnify, hold and defend the City, its elected official,
officers, employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorneys fees) to or by any and all persons or
entities, including without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with the Agreement to the extent caused by the negligent acts,
errors or omissions of the Agency, its partners, shareholders, agents, employees, or by the
Agency's breach of this Agreement. The Agency waives any immunity that may be granted to it
under the Washington State Industrial Insurance Act, Title 51 RCW. The Agency's
indemnification shall not be limited in any way by any limitation of the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs.
8. Discrimination Prohibited. In all of the Agency's services, programs, or activities, and all of the
Agency's hiring and employment made possible by or resulting from this Agreement there shall be
no discrimination by the Agency or by the Agency's employees, agents, subcontractors, or
representatives against any person because of sex, age (except minimum age and retirement
provisions), race, color, creed, national origin, marital status, or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment. Any material violation of this provision
shall be grounds for termination of this Agreement by the City.
9. Insurance. The Agency agrees to carry as a minimum, the following insurance, in such forms and
underwritten by a company acceptable to the City. Carriers must have a minimum A.M. Best A
XII rating.
Workers' compensations and employer's liability insurance in amounts sufficient pursuant to the
laws of the State of Washington.
Coverage must include general liability and property damage in the amount of at least $500,000
unless waived or reduced by the City. Business automobile liability insurance is required of all
consultants and professional service providers where a vehicle will be used on the contract. The
required minimum combined single limit per occurrence for bodily injury and property damage is
$500,000 each occurrence.
In addition to the insurance referenced in the preceding paragraph, any Agency providing
professional services shall procure and maintain in full force professional liability insurance for
those services delivered pursuant to this Agreement either directly through Agency employees or
indirectly through contractual or other arrangements with third parties. Such professional liability
insurance shall be maintained in an amount not less than $500,000 for each
occurrence /incident/claim and shall have a minimum aggregate coverage of $1.0 million. For the
purposes of this paragraph "professional services" shall include but not be limited to the provision
of any services provided by any licensed professional. If Agency's insurance policies are "claims
made" or "claims paid Agency shall be required to maintain tail coverage for a minimum period
of two (2) years from the date this Agreement is actually terminated.
The City will be named as primary insured without right of contribution on Agency's policy with
that coverage being primary and non contributory with any other policy (ies) available to the City.
The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
10. Books and Records. The Agency agrees to maintain books, records, and accounts, including
without limitation personnel, property, financial and programmatic records, which sufficiently and
properly reflect all direct and indirect costs related to the performance of the Services and maintain
such accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this Agreement. The
Agency agrees to maintain all books and records relating to this Agreement for a period of three
(3) years following the date this Agreement expires or is otherwise terminated.
11. Reporting Reauirements. No payment will be made to the Agency until all reports requested by
the City are fully completed and executed by the Agency and approved by the City. The Agency
shall submit the reports specified in the Scope of Services (Exhibit A) each quarter no later than
fifteen (15) calendar days following the end of each quarter, unless otherwise specified in Exhibit
A.
12. Non Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment
under this Agreement for any future fiscal period, the City will not be obligated to make payments
for Services or amounts incurred after the end of the current fiscal period, and this Agreement will
terminate upon the completion of all remaining Services for which funds are allocated. No penalty
or expense shall accrue to the City in the event this provision applies.
13. Ownership and Use of Records and Documents. Original Documents, drawings, designs, reports,
or any other records developed or created under this Agreement shall belong to and become the
property of the City. All records submitted by the City to the Agency will be safeguarded by the
Agency. Agency shall make such data, documents, and files available to the City upon the City's
request. The City's use or reuse of any of the documents, data and files created by the Agency for
this project by anyone other than the Agency on any other project shall be without liability or legal
exposure to Agency.
14. General Provisions.
Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements shall be effective for any
purpose.
Modification. No provision of this Agreement may be amended or modified except by written Agreement
signed by the Parties.
Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no
way affect or invalidate any other provision hereof and such other provisions shall remain in full
force and effect.
Assignment. Neither the Agency nor the City shall have the right to transfer or assign, in whole or in part,
any or all of its obligations and rights hereunder without the prior written consent of the other
Party.
Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance
with the laws of the State of Washington.
Authority. Each individual executing this Agreement on behalf of the City and the Agency represents and
warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf
of the Agency or City.
Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth
below. Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so
posted in the United States mail shall be deemed received three (3) days after the date of mailing.
Written notice sent to the City should be addressed as follows: Stacy Hansen, City of Tukwila,
6200 Southcenter Blvd., Tukwila, WA 98188
Written notice to the Agency shall be sent to the address following the Agency signature on the
last page of this Agreement.
Performance. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services
is essential to the Agency's performance of this Agreement.
Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this
Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or
files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for
any dispute related to this Agreement shall be King County, Washington.
In Witness whereof, the parties have caused this Agreement to be executed the day and year set forth
above.
DATED this 0 day of iil ArG 1,
CITY OF TUK ILA AGENCY: Th 'r Vt C e
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401.---- BY: :====--"e
M R, J rton SIGNATL'RE
71 i�iCt-N
PRINTED NAME
ATTEST /AUT ENTICATED: ADDRESS: cif ire of Kavi o la
,,A,,/,9 F7(tilliP 0 Of- W A F(,)
CITY CLERK, Christy b'Flaherty
APPROVED AS TO FORM:
OFFICE 1 E C TORNEY
BY
EXHIBIT A Scope of Services
2011 -2012
Dynamic Family Services
Joint MOU for the cities of Auburn, Covington, Renton, SeaTac and Tukwila
Scope of Services to be Provided by Agency: The Agency shall furnish to residents of the City of
Covington, SeaTac and Tukwila under the City's Human Services program, pediatric therapy and
support services including physical, occupational, speech language therapy, family resource
coordination, parent training, custom orthotics, adaptive equipment, and early education services:
A. Number Served
The Agency agrees to serve, at minimum, the following unduplicated number of City residents with
City funds:
City of Auburn Performance Measures 1st 2nd 3rd 4th Total
1 1. Number of Unduplicated residents 1 4 1 3 1 3 1 3 1 1
1 2. No. of Therapy Services 1 19 1 19 1 19 1 19 1 76 1
City of Covington Performance 1st 2nd 3rd 4th
Measures Total
1 1. Number of Unduplicated residents 3 3 3 1 3 1 12
1 2. No. of Therapy Services 17 17 17 1 17 1 68
1 City of Renton Performance Measures 1 1st 2nd 3rd 4th 1 Total
1 1. Number of Unduplicated residents 4 4 4 3 15
2. No. of Therapy Services 20 20 1 20 1 20 80
City of SeaTac Performance Measures 1 1st 2nd 3rd 4th 1 Total
1 1. Number of Unduplicated residents 2 1 2 1 1 1 16
2. No. of Therapy Services 1 9 I 8 1 5 I 5 1 27
1 City of Tukwila Performance Measures 1 1st 1 2nd 3rd 4th 1 Total
1 1. Number of Unduplicated residents 1 2 1 2 1 2 2 18
1 2. No. of Therapy Services 1 11 1 11 1 11 11 1 44
B. Outcome, indicator and data collection method will be identified first quarter.
C. An original signed Billing Voucher (Exhibit B) will be submitted each quarter along with a
completed Service Report (Exhibit C).
D. Demographic and outcome data will be reported fourth quarter.
E. A quarterly narrative specific to each city will be included.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency
services, such eligibility to require residence within the City, and shall provide services under this
Agreement only to eligible applicants.
EXHIBIT D
OPERATING BUDGET
PLANNED QUARTERLY EXPENDITURES
3 6 9 12 Total
2011 $9632.50 $9632.50 $9632.50 $9632.50 $38,530.00
2012 $9632.50 $9632.50 $9632.50 $9632.50 $38,530.00
Per two year contract agreement term $77,060.00
City of Auburn $10,000.00 annually ($20,000 per two year contract agreement term)
City of Covington $9,000.00 annually ($18,000.00 per two year contract agreement term)
City of Renton $10,280.00 annually ($20,560.00 per two year contract agreement term)
City of SeaTac $3,500.00 annually ($7,000.00 per two year contract agreement term)
City of Tukwila $5,750.00 annually ($11,500.00 per two year contract agreement term)
°1 -1.4.■cp 10
1 Exhibit C 2011 -12 Service Report
Joint MOU for Auburn, Covington, Renton, SeaTac Tukwila
To: Agency: Dynamic Family Services
Stacy Hansen
Human Services Program Contact: Michelle Charles
City of Tukwila Telephone: 253.854.5660
6200 Southcenter Blvd. Tukwila, WA 98188
shansenaci.tukwita.wa.us. 206- 433 -7181 E -mail: michelle@dynamicfamilies.org
Reporting Period Program Amount Requested
Early Intervention 9,632.50
Annual Budget Summary
AUBURN $10,000.00 $38,530.00 annually
RENTON $9,000.00 $9,632.50 per quarter
1
RENTON $10,280.00
SEATAC $3,500.00
TUKWILA $5,750.00
2011 -12 Service Units
Note: Unduplicated client counts must be reported both quarterly and year -to -date.
Auburn Performance Measures I Annual Goal Goal this New units this Cumulative
Quarter quarter units 2011 -12
Number of Unduplicated Clients 13
Number of Therapy Services 76
Covington Performance Measures Annual Goal Goal this New units this Cumulative
Quarter quarter units 2011 -12
Number of Unduplicated Clients 12
Number of Therapy Services 68
Renton Performance Measures Annual Goal Goal this New units this Cumulative
Quarter quarter units 2011 -12
Number of Unduplicated Clients 15
Number of Therapy Services 80
SeaTac Performance Measures Annual Goal Goal this New units this Cumulative
Quarter quarter units 2011 -12
Number of Unduplicated Clients 6
Number of Therapy Services 27
Tukwila Performance Measures Goal this New units this Cumuiative
A nnual Goal Quarter
quarter units 2011 -12
Number of Unduplicated Clients 8
Number of Therapy Services 1 44