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HomeMy WebLinkAbout09-060 - Dynamic Family Services - Early Intervention / Human Services 09- 060(a) Council Approval N/A CITY OF TUKWILA CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila, Covington, SeaTac and Dynamic Family Services That portion of Contract No. 09 -060 between the Cities of Tukwila, Covington, SeaTac and Dynamic Family Services is amended as follows: Increase in funds from the City of Covington from $8,000.00 (2009) to $10,000.00 for funding year 2010. 2009 2010 Covington $8,000.00 $10,000.00 SeaTac $3,500.00 $3,500.00 Tukwila $5,750.00 $5,570.00 Yearly Totals $17,250.00 $19,250.00 With the increase in funds from Covington, Dynamic Family Services will serve 37 unduplicated residents and provide 90 therapy services. Dated this 1$ day of F �0 mac, r 20 10 J CONTRACTPF CITY OF TUKWILA Dynamic Family Services Ji aggerto ryor Cl" VINGTON 1 Mayor City Manager APPROVED AS TO FORM Tuk ila ty ttorne Page 1 of 1 09 -060 Council Approval N/A CITY OF TUKWILA 2009 -2010 HUMAN SERVICES AGREEMENT h This Human Services Agreement "Agreement is dated this ,-;Ct" day of 2009. 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 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 Covington 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, 2009, and terminating on December 31, 2010 "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 Seventeen Thousand and Two hundred Fifty Dollars and No /100 ($17,250) 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 Compensation. 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 Human Services Agreement Dynamic Family Services Page 1 of 8 0 Rt.,KaL 3/12/2009 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. Agency 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. Human Services Agreement Dynamic Family Services 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. Workers' compensations and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. Page 2 of 8 3/12/2009 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. Human Services Agreement Dynamic Family Services Page 3 of 8 3/12/2009 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. CITY OF TUKWILA �l DATED this 0/ T day of 0 }tP GL— MIOR, Jim ATTEST AUTHENTICATED: C V CITY CLERK, hrist O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Human Services Agreement Dynamic Family Services Page 4 of 9 AGENCY: D N -M BY: SIGNATURL of o1 i-/ PRINTED NAME ADDRESS: I (--u -q,lt L4A4 9 3 0 3/10/2009 CITY OF COVINGTON BY: TITLE: DATE: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY OF SEAT C BY: n' TITLE: 0 b, C� A c n rJq u�y N`° N AC CL DATE: V(7 65 ATTEST: APPROVED AS TO FORM: CITY ATTORNEY Human Services Agreement Dynamic Family Services Page 5 of 8 3/12/2009 CITY O OVINGTON BY: y TITLE: C 4 4;., ►.it a IA DATE: 3 ATTEST( APPROVED AS TO FORM: CITY ATTORNEY CITY OF SEATAC BY: TITLE: DATE: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY Human Services Agreement Dynamic Family Services Page 5 of 9 3/12/2009 CITY OF COVINGTON BY: TITLE: DATE: ATTEST: APPROVED AS TO FORM: IT TT(V Y S" k' S e` W CITY OF SEATAC BY: TITLE: DATE: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY Human Services Agreement Dynamic Family Services Page 5 of 9 3/10/2009 EXHIBIT A Scope of Services 2009 -2010 Dynamic Family Services Joint MOU for the cities of Covington, 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 Covington Performance 1st 2nd 3rd 4th Measures Total 1. Number of Unduplicated residents 10 7 7 I 7 31 2. No. of Therapy Services 22 18 17 I 18 75 City of SeaTac Performance Measures I 1st I 2nd j 3rd I 4th Total 1. Number of Unduplicated residents 5 I 3 2 2 12 2. No. of Therapy Services 10 I 6 5 I 4 25 City of Tukwila Performance Measures I 1st I 2nd 3rd I 4th Total 1. Number of Unduplicated residents I 8 I 5 5 I 4 22 2. No. of Therapy Services I 16 I 12 13 I 11 52 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. 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. Human Services Agreement Page 6 of 8 Dynamic Family Services 3/12/2009 To: Authorized Signature Approved for Payment: EXHIBIT B CITY OF TUKWILA BILLING VOUCHER HUMAN SERVICES CONTRACTOR Office of Human Services 6200 Southcenter Blvd, Tukwila, WA 98188 Agency: Telephone Mailing Address: Specific Program: Reporting Period: Invoice Amount Requested This Invoice Date of Invoice BUDGET SUMMARY Total Contract for Year Previous Payments This Year Current Request Previous Payment Current -YTD Balance Remaining Note: Submit a separate voucher for each program which is funded by your City of Tukwila contract. For Department Use Only Date Exhibit C 2009 STFvice Report Joint MOU for Covington, SeaTac Tukwila To: Stacy Hansen Agency: Dynamic Family Services Human Services City of Tukwila Program Contact: Michelle Charles 6200 Southcenter Blvd. Tukwila. WA 98188 Telephone: 253.854.5660 shansennci.tukwita.wa.us E -mail: michelle@dynamiefamilies.org Phone: (206)- 433 -7181 Reporting Program Amount Request Period Early Intervention 4312.50 Annual Budget Summary COVINGT ©N $8,000.00 $17,250.00 annually SEATAC $3.500.00 4312.50 per quarter TUKWILA $5,750.00 current request 2009 Service Units Note: Unduplicated client counts must be reported both quarterly and year -to- date. Covington Performance Measures I Annual Goal Goal this New units this I Cumulative Quarter quarter units 2009 Number of Unduplicated Clients 31 Number of Therapy Services 75 SeaTac Performance Measures Annual Goal Goal this I New units this I Cumulative Quarter quarter units 2009 Number of Unduplicated Clients 12 Number of Therapy Services 25 Tukwila Performance Measures Annual Goal Goal this New units this Cumulative Quarter quarter units 2009 Number of Unduplicated Clients 22 Number of Therapy Services 52 Human Services Agreement Page 8 of 8 Dynamic Family Services 3/12/2009 2009 2010 1 2 Human Services Agreement Family Services 3 $4312. $4312.50 4 Page 7 of 8 5 EXHIBIT D OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES 6 $4312.5 $4312.5 7 16,000.00 per two year contract agreement term) City of City of Covington Tukwila $3,500. 0 n ual y $8,000.00 wally 0 00 per two year contract agreement term) ($11,500.00 per two year contract agreement term) City of Tukwila 3/12/200 8 9 $4312.5 $4312.5 10 11 12 Total Expenditur $4312.5 $4312.5 Per two year contract agreement term $17,250. $17,250. $34,500.00