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HomeMy WebLinkAbout03-112 - Puget Sound Education District - MOU for Tukwila Community Schools Collaboration• PUGET SOUND Educational Service District Addendum • Ag(6-112-d Tukwila Community Schools Collaboration - Design and Implementation Memorandum of Understanding April 28, 2003 To Whom It May Concern: While the Puget Sound ESD agrees to most of its contributions listed under Item #7 on Page 7, I must point out that I have no authority to accept money on behalf of the Puget Sound Schools Foundation (Foundation). The Foundation is the entity that serves as the designee for the restricted trust funds described in Item 7 (B). The Foundation has its own governance structure that is separate from that of the Puget Sound ESD. Sincerely, Monte L. Bridges Superintendent )///03 on. 79 400 S.W. 152nd St. Burien, WA 98166-2209 • www.psesd.org ©CD Seattle (206) 439-3636 • Tacoma (253) 272-2277 • 1-800-664-4549 • TTY (206) 439-6966 • FAX (206) 439-3961 • Monte L. Bridges, Superintendent Board Members Robert Beem, Ken Hoben, John Jacobs, David Okimoto, Barbara Peterson, Ken Seng, Jackie Smith, John Zurfluh • • TUKWILA COMMUNITY SCHOOLS COLLABORATION — DESIGN AND IMPLEMENTATION MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into as of January 1, 2003 ("Effective Date"), by and between Casey Family Programs ("CFP"), a nonprofit corporation; Puget Sound Educational Service District ("ESD"), a state agency; Tukwila School District ("Tukwila Schools"), a primary and secondary school district; City of Tukwila ("City"), a municipality; and the Department of Social and Health Services Children's Administration ("Children's Administration"), a state agency (jointly "parties"). Preliminary Statement A. An objective of each of the parties is to assist children to grow and develop to reach their full potential. The parties believe that collaborative, integrated services are more effective in assisting children and alleviating conditions that impede their growth and development. B. On January 1, 2000, the parties entered into a memorandum of understanding to design and implement a program entitled the "Tukwila Community Schools Collaboration" ("Collaboration") to provide sustainable and coordinated social and health services to children enrolled in the Tukwila Schools and their families ("First MOU"). C. In January 2001 and 2002, the parties agreed to continue the Collaboration design and implementation work started in the First MOU by way of subsequent renewals. D. The Collaboration's continued goal is to enhance the living, working, and learning of children, youth and families by building sustainable coordinated services with community, school, government, foundation and private resources through the Tukwila Schools. Under this Agreement, the parties will continue the Collaboration's design and implementation work started in the First MOU and renewed in 2001 and 2002. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Collaboration's Goals. The parties have identified four (4) goals for the Collaboration, that when implemented, will constitute a robust set of services and programs to enhance the lives of students and families in the Tukwila School community. These four (4) goals are as follows: (A) Address social and educational issues that are significant barriers to children, youth and families living, working and learning in the Tukwila School community. Tukwila.MOU.2003orig.doc -1- Prevention & Family Support • • (B) Focus student and family safety issues to ensure that students feel safe in the community, while commuting to and from school, and during school. (C) Provide a broad range of year round school support programs for student enrichment which includes before and after school programs staffed by both paid and volunteer staff. (D) Provide on-site physical and behavioral health care services to include medical, dental, and visual care to address many wellness care issues for students and families involved in the school system which includes mental health, family systems, substance abuse programs for students and family. (E) Continue the design for and implementation of a neighborhood foster care program. (F) Continue to offer informal kinship care support services through the Collaboration. 2. Operating Values. The Collaboration's design and implementation is founded on the following core operating values: (A) The Collaboration's effort will include a creative balance of financing, ownership and participation that will include community service resources, partner resources, business community resources, grants, foundation support and citizenry participation in service provision. (B) The Collaboration's programs will be replicable by other communities and school districts nationwide. 3. Governance. 3.1 Executive Design Team. (A) The design and development of the Collaboration will be governed by the Executive Design Team ("Executive Team") comprised of at least one representative from each of the parties. The Executive Team may add additional representatives from any of the parties or other members at any time. The Executive Team shall employ consensus -based decision-making in the design and implementation of the Collaboration. (B) The Executive Team shall be responsible for the design of the Collaboration pursuant to this Agreement, including (i) specifying the proposed responsibilities and tasks of the parties and other Tukwila.MOU.2003orig.doc -2- Prevention & Family Support • • contributing organizations; (ii) setting of Collaboration's criteria; and (iii) resolving issues or disputes material to the Collaboration. The Executive Team shall also be responsible for overseeing the work of the Subcommittees (defined below). (C) The Executive Team shall meet at least once per month or as otherwise needed to accomplish the purposes of this Agreement. The Executive Team shall appoint a Chair who shall serve at the pleasure of the Executive Team, call meetings, determine the agenda, and ensure orderly discussion and consideration of agenda items. The Executive Team shall also appoint a secretary who shall serve at the pleasure of the Executive Team, and record its decisions in minutes that shall be provided to all members following each meeting. 3.2 Executive Team Subcommittees. (A) The Executive Team shall set up the following subcommittees to assist with the Collaboration's design and implementation: Administrative Committee, Program Planning Committee, Evaluation Committee, and Development Committee ("Subcommittee(s)"). (B) Each Subcommittee shall be led by one member of the Executive Team and will be composed of individuals from the parties to this Agreement who have been identified as resources due to their area of interest and expertise. (C) The Subcommittees will be responsible for developing functional factors considered critical to the Collaboration's design, implementation, and success. Such functional factors include but are not limited to the development of, evaluation tools, budgets and financing, strategic policies, program protocols and procedures. (D) Each Subcommittee will meet monthly, document its activities and progress on standardizing tools to be used by the Collaboration. The Subcommittees will report and make recommendations to the Executive Team during the Executive Team's monthly meeting. 3.3 The Executive Committee and the Subcommittees shall have no authority or control over the management or disposition of the assets of any party to this Agreement, and no authority to direct any party to act or refrain from acting. 4. CFP Contributions. Tukwila.MOU.2003orig.doc -3- Prevention & Family Support • • (A) Provide leadership and expertise in the design of integrated service delivery systems as a member of the Executive Team and as a Subcommittee leader. (B) Continue the referral system for youth transitioning from foster care to adulthood so that such youth can connect with services offered in King County, WA via CFP's Seattle Division's Transition Services. (C) Contribute a maximum of One Hundred and Sixty Three Thousand and Seven Hundred and Ninety Dollars ($163,790) for Collaboration expenses incurred during the Term ($75,00 to cover programmatic services and $88,790 to cover salary and benefits for the Program Director) to be paid to ESD as the Collaboration's fiscal agent as follows: (i) $81,895 within fourteen (14) days from CFP's signing of this Agreement to cover Collaboration expenses incurred from January 1, 2003 through June 30, 2003, and (ii) $40,947.50 on July 1, 2003 and October 1, 2003. (D) Assist in the development of sustainable funding for the Collaboration. (E) Provide meeting facilities for the Collaboration as needed. (F) Provide technical assistance for Collaboration development and research. (G) Provide training to Collaboration staff and participants in service areas in which CFP has expertise. (H) Provide other CFP services and resources to the design effort. (I) Assist in recruiting service providers. 5. Tukwila Schools Contributions. (A) Provide leadership and expertise in the design of integrated service delivery systems as a member of the Executive Team and as a Subcommittee leader. (B) Commit staff as needed to assist in the Collaboration's operations and implementation of its programs. (C) Contribute a maximum of $119.749 for Collaboration expenses through in-kind facility use and/or financial contributions and assist in the development of sustainable funding for the Collaboration. Tukwila.MOU.2003orig.doc -4- Prevention & Family Support • (D) Ensure access to each school in the Tukwila Schools, and provide the physical premises necessary or desirable for the Collaboration. (E) Provide computer systems, equipment, supplies, and necessary furnishings for the Collaboration. (F) Provide technical assistance in aligning the Collaboration's programs with school curriculum and programs. (G) Provide training for staff and other participants in areas in which the Tukwila Schools has expertise. (H) Share academic data in each school's database such as grades, attendance and discipline records, referrals all as part of the outcomes data included in the research design. (I) Jointly with CFP and ESD, provide or contract for the provision of research and data collection for needs assessment. (J) Maintain support services and resources provided by Tukwila Schools which are supportive of TCSC Programming. (K) Identify and recruit service providers and work with them to develop means and methods for school-based service delivery. (L) Assist in recruiting service providers. 6. City Contributions. (A) Provide leadership and expertise in the design of integrated service delivery systems as a member of the Executive Team and as a Subcommittee leader. (B) Commit staff as needed to assist in the Collaboration's implementation of its programs. (C) Provide access to and use of City facilities necessary or desirable for the Collaboration. (D) Provide recreational programming for the Collaboration's extended day program at each of the five (5) participating schools for the Term with City staff coordinating with school staff and site coordinators as appropriate to extend the learning that takes place during the school day. Tukwila.MOU.2003orig.doc -5- Prevention & Family Support • • (E) Provide training to Collaboration staff and participants in service area in which City has expertise. (F) Provide data useful to evaluating the Collaboration. (G) Identify social and health services provided by or through the City to school children and their families and develop means and methods for school-based delivery of those services under the TCSC umbrella. (H) Sponsor community forums and other communications to City residents and other stakeholders about the Collaboration. (I) Identify and recruit service providers and work with them to develop means and methods for school-based service delivery. (J) Assist in recruiting service providers. 7. ESD Contributions. (A) Provide leadership and expertise in the design of integrated service delivery systems as a member of the Executive Team and as a Subcommittee leader. (B) Serve as fiscal agent for money contributed by CFP to the Collaboration by (i) depositing such funds into a separate account designated as restricted trust funds for the benefit of the Collaboration; (ii) administering such funds as directed by Executive Team for no other purpose; (iii) providing a monthly accounting to the Executive Team with sufficient detail on all receipts and disbursements for the Collaboration and other information as may be requested by CFP or the Executive Team; and (iv) returning any excess funds to CFP at the end of the Term. (C)) Provide staff support for daily management, budget, and fund distribution and bill paying to the TCSC collaboration with such staff support to include one (1) FTE Program Director to be responsible for the daily oversight and leadership of the programs to be offered under the Collaboration for the Term. (D) Provide the Executive Team with monthly Collaboration activity reports. (E) Assist in the development of sustainable funding for the Collaboration. (F) Proving training to Collaboration staff and others in areas in which ESD staff have expertise. Tukwila.MOU.2003orig.doc -6- Prevention & Family Support • • (G) Provide data useful to evaluating the Collaboration. (H) Jointly with CFP and the School District, contract for or otherwise provide research and data collection for needs assessment. (I) Identify other school districts where the Collaboration may be replicated and provide support for such replication sites. (J) Identify and recruit service providers and work with them to develop means and methods for school-based service delivery. (K) Assist in recruiting service providers. 8. Children's Administration Contributions. (A) Provide leadership and expertise in the design of integrated service delivery systems as a member of the Executive Team and as a Subcommittee leader. (B) Assist in the development of sustainable funding for the Collaboration. (C) Provide technical assistance of Collaboration development and research. (D) Coordinate with any Children's Protective Service Workers who need to respond to CPS allegations in the Tukwila School District and need to interview children or family members on site or in their homes. (E) Facilitate coordination with community resources such as ethnic community organizations, concrete resources (donations such as children's books, toys, and clothing), and referral information. Train parent advocates identified as natural leaders within neighborhoods. 9. Employees. The parties acknowledge that the Collaboration will serve a population some of whom are troubled or who may share sensitive personal or other information with staff. The parties further acknowledge that interaction with these individuals requires discretion and sensitivity. Each party represents that their respective employees and agents who may interact with participating youth shall have been screened through appropriate background checks to ensure that they have no history indicating that it would be potentially dangerous, harmful or otherwise inappropriate for the individual to interact with youth. 10. Confidentiality. During the Term of this Agreement, the parties shall receive personal and confidential information regarding the youth including names, addresses, physical and mental health data, family history and like information ("Confidential Information"). The parties acknowledge that such Confidential Information may be shared as expressly provided by statutes and/or by consent of the minor and/or his/her legal guardian as provided by law. The Tukwila.MOU.2003orig.doc -7- Prevention & Family Support • • parties warrant that prior to sharing such Confidential Information, each of the parties is authorized by law and/or has obtained the appropriate consent of the minor and/or his/her legal representative. Further, the parties agree to be bound and abide by the confidentiality requirements as provided by applicable statutes, which provide that all Confidential Information that is shared among the parties will be kept and remain confidential unless disclosure to a third party is expressly permitted by law. Accordingly, all disclosures or exchanges of such Confidential Information among the parties, either verbal or in writing will remain confidential. The obligations of the parties pursuant to this section shall survive any termination or expiration of this Agreement. 11. Grant Application. The parties acknowledge that sustainable funding for the Collaboration is a key element of its design phase. Some funding may be sought through grants. Each party shall use its best efforts to review, comment on, and assist in the preparation of any grant application concerning the Collaboration. Each party acknowledges that time is of the essence in performing its obligations under this Section. 12. Charitable Purpose. The parties agree that none of the funds received from CFP may be used to attempt to influence legislation, including contacting legislators or their staffs to urge support for or opposition to any legislation, or to urge the public to contact legislators or their staffs to urge support or opposition to any legislation, or for any purpose that is not considered charitable or educational within the meaning of Section 501(c)(3) of the Code. 13. Term; Termination. 13.1 The parties acknowledge that this Agreement applies only to the design and implementation of the Collaboration. The parties further acknowledge that it is contemplated that the Collaboration, when implemented, is anticipated to run for ten (10) years. The participation and responsibilities of the parties for the implementation of the Collaboration will be set forth in a written agreement reached by mutual agreement of the parties who agree to continue to participate following the expiration or earlier termination of this Agreement. 13.2 The term of this Agreement ("Term") shall commence on the Effective Date and shall expire on December 31, 2003 ("Expiration Date"), unless sooner terminated as provided in Section 13.3. 13.3 Notwithstanding the Term, any party may terminate this Agreement and its participation in the Collaboration at any time by thirty (30) business days' written notice to the other parties. 14. Independent Contractor. This Agreement shall not create the relationship of employer and employee, a partnership, or a joint venture between any or all of the parties. Each party shall determine the number of days and hours of work of its employees, agents, and subcontractors. Each party shall be solely liable for the wages, employment taxes, fringe Tukwila.MOU.2003orig.doc -8- Prevention & Family Support benefits, work schedules, and work conditions of its employees, agents, and subcontractors, and shall indemnify and shall hold the other parties harmless from any claim or loss relating to the same. 15. Insurance. Each party warrants that it carries comprehensive general liability, professional liability, auto and property insurance or is self-insured in amounts adequate to cover risks associated with its obligations under this Agreement. To the extent that a party is involved in providing services in connection with start up operations of the Collaboration, that party shall (a) provide the others with a certificate of insurance reflecting the following insurance amounts: (i) comprehensive general liability coverage of $1,000,000-$2,000,000 aggregate; (ii) if professional services are being rendered, professional liability coverage of $1,000,000- $2,000,000 aggregate; (iii) automobile liability insurance coverage of $1,000,000; and (iv) property coverage in an amount necessary to cover it property used in connection the Collaboration; and (b) name the other parties as additional insureds under such policies. 16. Liability and Indemnification. Each party is responsible for its own acts and omissions and those of its directors, officers, employees, representatives, and agents. No party is responsible for the acts of third parties. Each party agrees and covenants to indemnify and hold the other parties harmless against any liability or loss with respect to any acts or omissions of the indemnifying party, its directors, officers, employees, representatives, agents, or subcontractors related to the design phase of the Collaboration, the Collaboration or this Agreement. For purposes of this Section, no director, officer, employee, representative, or agent of a party is an agent of the other party unless under the actual direction and control of the other party. 17. Entire Agreement; Modification. This document contains the entire agreement of the parties regarding the subject matter described in this Agreement, and all other promises, representations, understandings, arrangements and prior agreements are merged into and superseded by this Agreement. This Agreement may only be modified by a written agreement of the parties signed by an authorized representative of each party. (remainder of page left intentionally blank) Tukwila.MOU.2003orig.doc -9- Prevention & Family Support 1 • 18. Third Parties. Nothing in this Agreement, express or implied, is intended to nor shall be construed to confer upon any person, firm, or corporation, other than the parties to this Agreement, any remedy or claim under or by reason of this Agreement as third -party beneficiaries or otherwise. The terms and conditions of this Agreement are for the sole and exclusive benefit of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CASEY FAMILY PROGRAMS By: --- < Trevor Nielson EVP — Prevention and Family Support Notice Address: 1100 Dexter Avenue North Seattle, WA 98109 Attn: Margaret A. Hunt Director — Prevention and Family Support Telephone: 206-282-3330 Facsimile: 877-245-8104 E-mail: mhunt@casey.org TUKWILA SCHOOL DISTRICT By: Michael Silver Superintendent Notice Address: 4640 South 144th Street Tukwila, WA 98168 Attn: Michael Silver Telephone: 206-901-8009 Facsimile: 206-901-8016 E-mail: silverm@tukwila.wednet.edu Tukwila.MOU.2003orig.doc -10- Prevention & Family Support CITY OF TUKWILA Skt,4 Steve Mullet Mayor Notice Address: Rhonda Berry 6200 South Center Blvd. Tukwila, WA 98188 Telephone: 206-433-1850 Facsimile: 206-433-1833 E-mail: rberry@ci.tukwila.wa.us DEPARTMENT OF SOCIAL AND HEALTH SERVICES CHILDREN'S ADMINISTRATION By: King South DCFS Notice Address: Attn: Evelyn Priestly King South DCFS 1313 W. Meeker, Ste. 102 Mail Stop N43-4 Kent, WA 98032 Telephone: (253) 372-6095 PUGET SOUND EDUCATIONAL SERVICE DISTRICT By: Monte L. Bridges Superintendent Notice Address: 400 SW 152nd Street Burien, WA 98166 Telephone: 206-439-6900 Facsimile: 206-439-6944 E-mail: mbridges@psesd.wednet.edu Tukwila.MOU.2003orig.doc -11- Prevention & Family Support