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Home My WebLink AboutReg 2019-04-01 Item 4F - MOU - Children's Therapy Center Joint Memorandum of Understanding with Regional Cities in Amount of $14,512 as Tukwila's ShareCOUNCIL AGENDA SYNOPSIS 'eels Meeting Date Prepared by Mayorpvieuf Counal tev eiv 04/01/19 SH ITEM INFORMATION ITEM No. 4.F. .S.1 Al^I Sl'n_NSolt: STACY HANSEN ORIGIN AGENDA DATE: 4/1/19 AGEND.1 ITEM TITLE Children's Therapy Center Joint MOU (Memorandum of Understanding) C.ITLGORY ❑ DiezW,son 12tg Date // Motion Date 4/1/19 E Resolidion Mgg Date ❑ Ordinance Mtg Date ❑ Bid Award 21=1tg Date ❑ Public Hearing Mt&Date ❑ Other Mtg Date 1g SPC SOR ❑Count`'/ QMDior ❑Finance CFre ❑TS ❑Pe''R QPolic'e CPIT% Court ®IHR ❑DCD SPONSOR'S The Children's Therapy Center (CTC) is a funded non profit and joint MOU contract in which SUMMARY Tukwila is the lead fiscal agent. Tukwila is funding CTC for $14,512 for the, 2019/20 budget cycle. MOU cities include: Auburn, Burien, Covington, Des Moines, Federal Way and Renton. Tukwila collects and disperses funds quarterly based on contractual achievements. Partner contribution is $91,730 for 2019/20. REVIEWED BY C.O.W. Mtg. E Trans &Infrastructure DATE: 3/26/19 ►' CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Parks Comm. ❑ Planning Comm. COMMIFFEE CHAIR: QUINN ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Administrative Services Department Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDDITUR: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,512 $14,512 $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/1/19 MTG. DATE ATTACHMENTS 04/01/19 Informational Memo dated 3/15/19 2019/20 MOU contract with Children's Therapy Center Minutes from the CDN meeting of 3/26/`19 81 82 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM 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 83 84 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Children's Therapy Center, hereinafter referred to as "the Contractor," whose principal office is located at 10811 SE Kent-Kangley Road, Kent, WA, 98030. WHEREAS, the City is a party to a Memorandum of Understanding Between the Cities of Auburn, Burien, Des Moines, Federal Way, Kent, Renton, SeaTac, and Tukwila for Planning, 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: Scope and Schedule of Services to be Performed 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 Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any 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 A 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. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum 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 of Agreement. 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 Contractor. Contractor and City agree that Contractor 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 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. CA Revised December 2016 Page 1 of 7 85 6. Indemnification. The Contractor aheU defend, indemnify and hold the Public Enthv, its officeno, off)ciaks, enlokoveeo and m3|Unteena harmless from any and all daiFno. injuries, damages, losses or suits including attorney fe8s, 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 of competent jurisdiction determine that this Agreement is subject to RCW4.24.115, 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 Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall 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 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against c|a|nle for injuries to persons or damage to property V«hdl may arise from or in connection with the performance of the/ work hereunder by the Contractor, their o8ente, representatives, 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 |aVv or in equity. A. Minimum Scope ofInsurance. Contractor shall obtain insurance Vfthe types and with the limits described below: 1. Automobile Liability insurance with a nnininnunn combined single limit for bodily injury and property damage of $1.000,000 per accident. Automobile liability insurance shall cover all ovvned, non-ovvned, hired and [eased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA OO 01 or 8 substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide 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 limit. Commercial General Liability insurance shall beas least @tbroad asISO occurrence form CG QO 01 and shall cover liability arising from prernioao. Oparatinns, independent contractors, prod cte-con1p|eted operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The ConlrUaroi@| General Liability insurance shall be endorsed to provide a per project general aggregate limit using |8(] form CG 25O3O5OQoranequivalent endorsement. There shall benoexclusion for liability arising from enp|ooion, collapse or underground 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 endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement C}G2O37 10 01 or substitute endorsements providing atleast 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 to oontain, or he endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage CARevised December 2016 Page 2pf7 86 maintained by the City shall be excess of the Contractor's insurance and ahoU not contribute with C. Acceptability . Insurance is to be placed with insurers with m current A.M. Beat rating of not less than A: VI I. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not neo8soahk/ 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 ehe|| furnish certified copies of all required insurance po|iciee, including endonSannente, 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 required, if any, to be obtained by subcontractors, which determination shall bemade inaccordance 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 oomce||adVn, within two business days oftheir receipt 'of such notice. G. Failure to Maintain Insurance. Failure on the part Vfthe Contractor to maintain the insurance as required ohmU constitute o nlotgha| breach of contract, upon which the City may, after giving five business days MoUoa to the Contractor to correct the braach, immediately terminate the contract or, at its diaoDeUon, procure orrenew such insurance and pay `any and all premiums in connection therevvith, with any sums eo expended to be repaid to the City on dennand, mratthe sole discretion of the City, offset against funds due the Contractor from the City. A. The Contractor shall maintain accounts and records, including paroonna|, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records 'aamay bedeemed necessary bythe City toensure the performance ofthis Agreement. B. These records shall bemaintained for a periodofseven after termination hereof unless permission to destroy them is granted by the Uffioa ofthe archivist in accordance with RCVV Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10.Termminaton. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the CitV'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 on the grounds ofrace, religion, creed, color, national origin, age, veteran status, mex, sexual orientation, gender identity, nneritm| atotuo, political affiliation, the presence ofany disability, any other protected class status under state orfederal law, |nthe selection and retention of employees or procurement of materials or supplies. 12.As$iqmmmeMt 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 3o7 13.Enbnm Auqreemmem1; Modification. This /\oreanlart` together with attachments or oddenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, nepn3eaDtatiUno, or agreements written or oral. No amendment or modification ofthis Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Seveuabi|itv and Survival. If any ternn, condition or provision of this Agreement is declared void or unenforceable or |innibad in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions ofthis Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation ofthis Agreement, shall survive termination ofthis Agreement. 15. Notices. Notices tothe City ofTukwila shall besent bo the following address: City Clerk, City of Tukwila 62OOEkouthcenterBlvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attornev'sFees. This Agreement shall begoverned byand construed in accordance with the |ovvo of the State of Washington. In the event any ouit, arbitration, or other proceeding is instituted to enforce any term ofthis 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 beentitled toits ottVrney'efees .and costs ofsuit. DATED this day of 120 CITY C)FTUKVV|LA CONTRACTOR Allan Ekberg, Mayor ATTESTAAUTHENT|CATEO: City Clerk, Chhob/C)'F|ahertv APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CARevised December 2O18 Page 4of7 88 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 stacyhansentukwilawa.gov, 206-433-7180 Agency: Children's Therapy Center Kelli Nakayama 10811 SE Kent-Kangley Kent, WA 98030 kellin@ctckidsxwq, 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 $11 610 $ Annual Goat Goal lst 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 $6 880 Annual Goal Goal 1st Quarter Goal 2nd 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 PerformanceMeasures 810 800Annual Goal Goal 1st Quarter Goal 2nd 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 Des Moines Performance MeasurE Number of Unduplicated Clients Annual Goal 4 Goal 1st Quarter Goal 2^d Quarter Goal 3rd Quarter Goal 4th Quarter Number of Medical Care Visits 7 2 2 2 Federal Way Performance Measures $8 00 AnnualGoalGoal Goal 1st Quarter 2nd Quarter Goal 3rd Quarter Goal 4th 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 89 Renton Performance Measures $7,500 Annual Goal Goal 1St Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 26 7 7 6 6 Number of Medical Care Visits 52 13 13 13 13 Tukwila Performance Measure $7,256 Annual Goal Goal 1st Quarter Goal 2nd Quarter Goal 3rd Quarter Goal 4th Quarter Number of Unduplicated Clients 25 7 6 6 6 Number of Medical Care Visits 50 14 12 12 12 The City of Tukwila 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 goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases 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 at the discretion of the City's Human Services Program Coordinator. 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. Personnel/Operating $53,121.00 Non -Personnel Budget/Annual 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: 75% of children who exit the program who improved their acquisition of knowledge 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 (COS), a standardized tool that rates a child's functioning relative to age -expected behaviors at intake 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 by CTC during the year. The # measured for outcome is the # of children who graduate from our El program after at least 6 months. The # achieving the outcome is the # of children 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 measures. These quarterly reports shall describe the services provided specifically to each of the Cities. These quarterly reports shall be provided on the due dates specified below. CA Revised December 2016 Page 6 of 7 90 QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th rd = 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 COVINGTON $11,610.00 $ 6,800.00 $6880.00 $10,800.00 $2902.50 $1700.00 $1720.00 $2700.00 FEDERAL WAY TOTAL $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 91 92 City Council Community Development COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes March 26,2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Staff: Guests: City of Tukwila Neighborhoods Committee De'Sean Quinn, Chair; Dennis Robertson, Verna Sea David Cline, Jack Pace, Nora Gierloff, Kia Sha Moira Bradshaw, Laurel Humphrey Kara Martin, Food Innovation Network; Er Inc.; Rune Harkestad, Augustina Harper CALL TO ORDER: Chair Quinn called the meeting to or PRESENTATIONS II. BUSINESS AGENDA A. Terms of Sale: 5751 S. 130th Place Staff is seeking Council approval to acquire Tax Title pro $3,000 through the Ki price is for the cos profit to the Co slope, provides UNANIMOUS APPR B. Memorandum ft S seeking Cou, e Children's Th Des Moines, Federal Wa approved the Human Center provides residen occupational hippotherapy, Stacy Hansen, Rick Still, tural Design Group, 30th Place in the amount of vailable through auction and the bursement for the equity of tax. There is no roximately 216 feet of waterfront on a steep uld require minimal annual maintenance. 2019 REGULAR CONSENT AGENDA. ding: Children's Therapy Center a joint Memorandum of Understanding (MOU) agreement The MOU includes the cities of Auburn, Burien, Covington, d Ren on. Tukwila is the lead city and pays a share of $14,512 as vices Advisory Board and City Council. The Children's Therapy the member cities with a variety of services including physical, herapy, oral motor and feeding, social skills, aquatic and nter group, early intervention and parent education. UNANIMOUS APPROVAL. FORWARD TO APRIL 1, 2019 REGULAR CONSENT AGENDA. C. Potential Development Agreement for Proposed Riverton Heights Project Staff is seeking Committee direction on negotiating a Development Agreement with Rune Harkestad for a mixed -use, 6-story building at the northwest corner of Tukwila International Boulevard and South 144th Street. The applicant is seeking flexibility on standards relating to height, recreation space, parking, landscaping and setbacks. The proposed project is an approximately 250x64' building with 43 dwelling units, including 6 studios, 15 1-bedrooms, 16 93