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Home My WebLink AboutCDN 2019-03-26 Item 2C - MOU - Joint Memorandum of Understanding with Children's Therapy Center-44( City of Tukwila Allan Ekberg, Mayor INFORMATIONAL EMORANDUM TO: Community Development and Neighborhoods Committee FROM: Stacy Hansen, Human Service Program Coordinator CC: Mayor Ekberg DATE: March 15, 2019 SUBJECT: Children's Therapy Center Joint Memorandum of Understanding ISSUE Children's Therapy Center (CTC) is a joint memorandum of understanding (MOU) non-profit contract, where Tukwila is the lead city. The total value of this 2019/20 joint contract is $106,242, including Tukwila's portion of this award of $14,512. Below are the biennial award amounts of the MOU partner cities that are remitted to Tukwila: Auburn: $23,220 Burien: $13,760 Covington: $21,600 Des Moines: $2,150 Federal Way: $16,000 Renton: $15,000 Total Partner funding: $91,730 Tukwila: $14,512 Total 2019/20 funding: $106,242 BACKGROUND In 2003, a MOU was established between several South King County cities to consolidate the human services application and funding process. During each biennial funding cycle, high performing, well established non -profits are identified as participants in the joint MOU program in an effort to save valuable administrative time for both the non -profits and the funding cities. Participating cities 'pool' their funds at the beginning of each year with the identified lead city who holds the contract with the non-profit. Each quarter, upon contractual achievement, the MOU partner cities authorize payment of their quarterly portion of the award. As a result of the joint MOU, there is only one contract generated and one check per quarter that is created (via the lead city). FINANCIAL IMPACT The City of Tukwila Human Services Advisory Board recommended, and Council approved, funding Children's Therapy Center for $14,512 as part of the larger, 2019/20 Administrative Services Department Budget. Due to the size of this joint MOU, it exceeds the $40,000 contract threshold requiring Council consent. RECOMMENDATION Staff is asking Council to forward the contract authorization request to the April 1, 2019 Consent Agenda. ATTACHMENTS Proposed — 2019/20 Children's Therapy Center joint MOU contract 37 38 �� x�� n�� x"oxxwxxa CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the {]t» of Tuhvv|a. VVoehin0ton, a non -charter optional municipal coda city hereinafter referred to as "the City," and Children'e Therapy Center. hereinafter referred toao "the Contnaotor,"whose principal office is located at 10011 SEKent-KGng|ey Road, Kent, WA, 90O30. WHEREAS, the City is m party to o Memorandum of Understanding Between the Cities of Auburn, Buhen. [)ea Moines, Federal \8/av Kent, Renton. GeoToo. and Tukwila for Pianning, Funding, and Implementation of a Joint Human Services Application and Funding Program (the "MOU"); and WHEREAS, the City is the lead city for the purposes of contracting for the nonprofit services provided by the Contractor and desires to contract with the Contractor for performance of such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services tmbePerformed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Fedana|. State. and local statutes, rules and ordinances applicable to the performance of such services and the handling ofany funds used in connection therewith. The Contractor oh@|| request and obtain prior written approval from the City ifthe scope orschedule ietobemodified inany way. 2' Compensation and Method of Payment The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit /\attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $7,256 for 2019 and $7,256 for 2020. 3' ContractorBudqmt The Contractor shall apply the funds received under this Agreement within the rnaxirnurn limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4' Duration ofAqreement This Agreement shall be in full force and effect for a period commencing January 1. 2019' and ending December 31. 2020. unless sooner terminated under the — provisions hereinafter specified. 5. Independent Contnactmr. Contractor and City agree that Contractor is an independent contractor with vidis Agreement. Nothingin this Agreementeha considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor 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 Contractor, or any employee of the Contractor. C&Revised December 20l6 Page lof7 G' Indemnification. The Contractor shall defend, indemnify and hold the Public Entit«, its officers, officials, employees and volunteers harmless from any and all dahms, injuries,ern@Bes. losses or suits including attorney fees arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should acourt ofcompetent juhadicUondeternlneUlskUl|s/\oreen1entiseUbecttoRCVV4.24.115i then, in the event of liability for damages arising out of bodily `^injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Public EMtity, its officers, officioh;, employees, and volunteers, the Contractor's liability hereunder ah8|/ be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCVV, solely for the purposes ufthis indemnification. This waiver has been mutually negotiated by the parties. The provisions of this a8cUOn shall survive the expiration or termination ofthis Agreement. 7. Insurance. The Contractor ohmU procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contracbor. their egenta, repnaeentatiVeo, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in A. Minimum Scope ofInsurance. Contractor shall obtain insurance ofthe types and with the limits described below: 1.Automobile Liabi|itV insurance with a minimum combined single limit for bodily 'injury and property damage of$1.QOOl0XJ per accident. Automobile liability insurance shall cover all ovvned, non-ovvnad, hired and leased vehicles. Coverage eheU be written on Insurance Services Office USrD form CA OO 01 or a substitute form providing equivalent liability coverage. |fnecessary, the policy shall beendorsed toprovide contractual liability coverage. 2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-com pleted operations aggregate //Mn|t.{:nMnrnercia|Genera|L|ab|||tvinouc3noeeha|/be asleast @tbroad aoISO occurrence form CGOOU1 and shall cover liability arising from pnannisee, operotiono, independent 000trootona, prod UotS-ooRlCdetBd operaUOns, stop gap |i@biUty, personal injury and advertising injury, and liability assumed under aninsured contract. The Connnlorci@| {3anona| Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form C(325O3O5OAVr@nequivalent endorsement. There shall benoexclusion for liability arising from exp|osion, collapse orunderground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liabilityinsurance policy with respect to the work performed for the City using ISO Additional Insured e*ndoraonlentCG 201O1OO1and Additional |noured-Connp|etedOperations endorsement CG2O371QD1 or substitute endorsements providing otleast asbroad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are bocontain, orbeendorsed bocontain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage CARevised December 20G 40 Page 2of7 maintained by the City shall beexcess of the Contractor's insurance and shall not contribute with C. Acceptability of Insurers. Insurance iato be placed with insurers with @ current &M. Best rating of not less than A: VI I. D. Verification of Coverage. Contractor shallfurnish the City with original certificates of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits requined, if any, to be obtained by subcontractors, which determination shall b8made iDaccordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cance|/otiUn. within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute o material breach of contract, upon which the City may, after giving five bUoiMeoe days notice to the Contractor to correct the bneoch, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all pnanliunle in connection therewith, with any sums S0 expanded to berepaid to the City on denland, or at the sole discretion Ufthe City, offset against funds due the Contractor from the City. 8. Record Kempinq and Reporting. A. The Contractor shall maintain accounts and naoordo, including peroonne|, property, financial and programmatic records which sufficiently nd properly reflect all direct and indirect costs of any nature expended and services performed in the performance ofthis Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof un|aeo permission to destroy them is granted by the office Of the archivist in accordance with F{[;VV Chapter4O.14 and bythe City. 9' Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all tinn8e to inspect|on, review o[audit by law during the performance of this Agreement. 10.Ternminmthxn. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30 days written notice of the Cih/s intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11.Discrimination Prohibited. The Consultant, with regard to the work performed by itunder this Agreement, will not discriminate onthe grounds Ofrace, religion, creed.co|Or,n@tiUna| origin,gQe, veteran status, aex, sexual orientation, gender identity, marital status, political affiliation, the presence ofany disability, orany other protected class status under state orfederal law, inthe selection and retention Ofemployees grprocurement ofmaterials or supplies. 12'Assiqommemt and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. CA Revised December 2016 Page 3nf7 13.Entima A_qreermen1; Modification. This Aoreennert, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiaUono, napreoentadono, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. SeverabiDtv and Survival. Ifany term, condition this Agreement isdeclared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and al/ Other provisions shall remain fully enforceable. The provisions of this Aumaement. which by their sense and context are reasonably intended to survive the oonnp|etiOD, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk,c City of Tukwila 02OO8outhcenterBlvd. Tukwila, Washington 981OO Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; AttomoV'm Fees. This Agreement shall be governed byand construed in accordance with the |avvo of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled toits 8ttorney'sfees and costs ofsuit. DATED this day of .20 CITY OFTUKW|LA CONTRACTOR Allan Ekberg, Mayor ATTESTA\UTHENT|CATEO: City Clerk, Chhotv[yF|ahehv APPROVED AS TO FORM: Office of the City Attorney Printed Name and Title: CA Revised December 2016 Page 4 of 7 42 Exhibit A 2019-2020 Service Report Joint MOU for Auburn, Burien, Covington, Des Moines, Federal Way, Renton, Tukwila To: City of Tukwila Stacy Hansen Human Services 6200 Southcenter Blvd. Tukwila, WA 98188 stacy.hansentukwilawa,gov, 206-433-7180 Agency: Children's Therapy Center Kelli Nakayama 10811 SE Kent-Kangley Kent, WA 98030 kellinctckids.org, 253-216-0772 The Agency shall provide residents in the MOU cities of Tukwila, Auburn, Burien, Covington, Des Moines, Federal Way and Renton (the "Cities") with a variety of necessary therapeutic services, including but not limited to: Physical therapy, occupational therapy, speech therapy, oral motor and feeding, social skills, aquatic and hippotherapy, fitness center group, early intervention and parent education. 2019-20 SERVICE UNITS Auburn Performance Measures ii$ 610 Annual Goat Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 40 10 10 10 10 Number of Medical Care visits 80 20 20 20 20 Burien Performance Measures Annual Goal Goal 15t Quarter Goal 2hd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 24 6 6 6 6 Number of Medical Care Visits 47 12 12 12 11 Covington Performance Measures $10,800 Annual Goal Goal lst Quarter Goal 2nct Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 37 10 9 9 9 Number of Medical Care Visits 74 20 18 18 18 °Ines Performance Measures Number of Unduplicated Clients Annual Goal 4 Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter 1 Goal 4th Quarter 1 Number of Medical Care Visits 7 2 2 2 1 Federal Way Performance Measures Annual Goal Goal ist Quarter Goal 2nd Quarter Goal 3rd Goal 4th Quarter Quarter Number of Unduplicated Clients 28 7 7 7 7 Number of Medical Care Visits 55 14 14 14 13 CA Revised December 2016 Page 5 of 7 43 Annual Goal Goa 1m Quarter Goal 2nj Quarter Goal3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 26 7 7 � � Number of Medical Care Visits 52 13 13 13 13 Number 0fUnduplicated Clients Annual Goal 25 Goal 1st Quarter 7 Goal 2nd Quarter � Goal 3rd Quarter � Goal 41h Quarter 6 Number 0fMedical Care Visits 50 14 17 12 12 The City of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will beexpected tomeet atleast SO96ofthe performance goals (outputm)gedefined above. If the Agency does not meet the 8096 of performance goa|e, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. AtoSO96success rate, the Agency will bereimbursed at1OOY6. Any exceptions must benegotiated with the City. Exceptions may bemade incases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made ot the discretion ofthe City'oHuman Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency aenAnea, such eligibility to require residence within the Citv, and shall provide services under this Agreement only to eligible applicants. Personnel/Operating $53.121.00 Non -Personnel BudgetlAnnual award total $53,121.00 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 7596ofchildren who exit the program who improved their acquisition ofknowledge and skills, including early language, communication, and early literacy. Measurement: For every child in our Early Intervention program, their therapy team completes a Child Outcomes Summary KC(]S\, o standardized tool that rates m child's functioning relative to age -expected behaviors mtintake and exit (when the child turns 3 or when they no longer need services, whichever comes first). The #enrolled in the program is all children served byCTC during the year. The# measured for outcome isthe #ofchildren who graduate from our E|program after mtleast 8months. The # achieving the outcome isthe #0fchildren who exit the program who improved their acquisition of knowledge and skills. Quarterly Reports: The Agency shall prove to the City of Tukwila with quarterly reports outlining the Agency's progress in meeting these performance nleaounso. These quarterly reports shall describe the services provided specifically toeach mfthe Cities. These quarterly reports shall baprovided onthe due dates specified below. CARevised December 2016 Page Gnf7 44 QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st, 2020 / January 29th 2021 Annual Monitoring Visit: The Agency shall allow the City to conduct an annual monitoring visit to the Agency, at a date and time agreeable to the parties. Joint MOU Cities OPERATING BUDGET FOR 2019-20 PLANNED QUARTERLY EXPENDITURES CHILDREN'S THERAPY CENTER ANNUAL BUDGET SUMMARY ANNUAL AWARD QUARTERLY AWARD AUBURN $11,610.00 $2902.50 $ 6,800.00 $6880.00 $1700.00 $1720.00 :-.COVINGTON $10,800.00 $2700.00 FEDERAL WAY TUKWILA $1,075.00 $8,000.00 $7,500.00 $7,256.00 $53,121.00 $268.75 $2000.00 $1875.00 $1814.00 $13,280.25 CA Revised December 2016 Page 7 of 7 45