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HomeMy WebLinkAboutContract 26897 CITY CONTRACT NSECRETARY ,� , o qj SUBSTANCE ABUSE SERVICES AGREEMENT THIS SUBSTANCE ABUSE SERVICES AGREEMENT ("Agreement") is made and entered into this 29th day of June, 2001 between the City of Fort Worth, hereinafter referred to as "City", acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and Family Service, Inc., a Texas non-profit corporation, acting herein by and through Floyd Davis, Jr., its duly authorized President and CEO, hereinafter referred to as "Consultant". Sometimes City and Consultant are referred to in this Agreement collectively as the "parties" and individually as a "party." Recitals A. City is a home-rule municipality located in Tarrant and Denton Counties, Texas, employing approximately 5600 employees. B. City desires to engage the services of an outside Substance Abuse Professional ("SAP"), as an independent consultant and case manager not as an employee, to monitor Department of Transportation ("DOT") substance and/or alcohol violations. C. Consultant affirms that it (i) is licensed to practice SAP services in the State of Texas and desires to render these professional services for the City on the terms and conditions provided in this Agreement; (ii) has knowledge of Federal DOT agency regulations and the DOT SAP Guidelines; (iii) has knowledge and clinical experience in the diagnosis and treatment of alcohol and controlled substances related disorders; (iv) has specialized knowledge in the rehabilitation of individuals with substance abuse and/or alcohol addictions through screening, evaluation, treatment, education, referral, and case management; and (v) has knowledge about the SAP function as it relates to employer interests in safety sensitive duties. THEREFORE, by this Agreement and based upon Consultant's representations and affirmations, City retains the services of Consultant and, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. SERVICES AND RESPONSIBILITIES OF CONSULTANT. (a) Administration - Consultant shall administer SAP services for DOT City employees based on verified positives from random, probable cause, and post-accident drug and/or alcohol testing. (b) Assessment - Consultant will contract through Tarrant Council on Alcoholism and Drug Abuse to provide initial screening, assessment, evaluation, and referral services. A clinical assessment must be made face-to- face with the City employee accepting SAP services within two business da s CIT`' Py Twd (i.e., Monday through Friday exclusive of holidays) to determine what assistance, if any, is needed by the employee to resolve problems associated with alcohol and /or drug use. (c) Case Management - Consultant will receive, coordinate, and schedule City requests for SAP services and will monitor and follow-up with services provided by Tarrant Council on Alcoholism and Drug Abuse. (d) Initial Reporting to Employer — Consultant will coordinate reporting to City and/or the designated employer representative regarding the status of the employee referred for SAP services in written and/or oral form. As the SAP service provider, Consultant will provide an initial written report on its letterhead (not the letterhead of another service agent), that is signed and dated by an authorized employee containing the following items: (1) Employee's name and the SSN furnished by the employee (2) Employer's name and address (3) Reason for assessment, including specific allegations of a violation of DOT regulations and date of the alleged violation (4) Date(s) of assessment (5) SAP's education and/or treatment recommendation(s) (6) SAP's telephone number(s) (e) Counseling and Education Services — Consultant will administer up to three outpatient counseling sessions and/or education sessions to each City employee referred for SAP services following assessment and referral from Tarrant Council on Alcoholism and Drug Abuse if the employee so referred shows up and attends the scheduled sessions. (f) Compliance Report — Consultant will conduct a face-to face follow-up session with the referred employee to determine if the employee has actively participated in the education and/or treatment program if the employee attends the follow-up session, and determine whether he has demonstrated successful or unsuccessful compliance with initial assessment and evaluation recommendations. The compliance report will be on the Consultant's letterhead and will consist of. (1) Date of initial assessment and synopsis (2) Name of the practice or service agent providing the recommended education and/or treatment 0G°?D MFT1T(`.AT,RF`R.VT(`.FR AOR.F.FMFNT NT V�''p.vI71111VAN (3) Inclusive dates of the employee's program participation (4) Clinical characterization of the employee's participation (5) Date(s) of first follow-up evaluation that SAP scheduled (6) SAP's telephone number Consultant's compliance report will not contain any recommendation regarding the employee's fitness-for-duty. (g) Follow-up Testing Plan - As the SAP for the City employee who has been accused of committing a DOT and/or City alcohol violation, and who seeks to resume the performance of safety-sensitive functions, Consultant will establish a written follow-up testing plan, after the employee's successful compliance with recommendations for education and/or treatment. Consultant will also establish a written follow-up testing plan after the employee's successful compliance with recommendations for education and/or treatment for a former City employee who committed a DOT and/or City alcohol or drug violation, but who will not be permitted by the City to continue as a City employee. (h) Maintenance of Reports - Consultant will maintain reports made to the City for the SAP services provided in each case referred for five (5) years and Consultant will include in its third-party provider contracts the requirement that the third-party service providers will maintain their clinical records of the referred employees in accordance with all applicable Federal, state, and local laws regarding record maintenance, confidentiality, and release of information. (i) Qualifications— Consultant affirms its qualification as a SAP in the DOT drug testing program and meets the requirements of credentialing, knowledge, training and continuing education contained in 49 CFR Part 40. (j) All services required hereunder will be performed at Consultant's offices, located within the city limits of Fort Worth during the term hereof including any renewal. 2. DUTIES AND RESPONSIBILITIES OF CITY (a) City will refer an employee performing in a DOT safety - sensitive position who fails an alcohol and/or drug screen to Consultant for SAP services. u'�1(to?D MFnTC'!AT,RF.RVTI'!FR AC;RFT'MFNT ^ � alp VEX (b) City will be responsible for any return-to-duty test, which is to be conducted by Concentra Health Centers, 400 N. Beach Street, Fort Worth, Texas. 3. TERM (a) This Agreement will be effective upon the date of its execution and will terminate on September 30, 2001 unless extended by the mutual agreement of the parties. (b) This Agreement will automatically renew for a period of twelve months; provided, that either party may notify the other party at least sixty (60) days prior to the end of any term of its intent not to renew this Agreement. Provided, further, if no funds or insufficient funds are collected, appropriated, and budgeted or if funds are otherwise unavailable for payment of amounts due hereunder by City to Consultant, City shall notify Consultant prior to the date that it no longer has sufficient funds of this program and this Agreement will terminate on the last day of the fiscal period for which appropriations were made available — all without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriations have been made for said fiscal period. (c) Either party may terminate this Agreement at any time by giving sixty (60) days' written notice to the other party. 4. COMPENSATION: City agrees to pay Consultant $500 per SAP managed case for each employee. The total cost for the initial term of this Agreement will not exceed $3,000, but Consultant will not be expected to or required to manage the cases of more than 6 employees during that initial term without additional funds being appropriated and paid to Consultant at the rate of$500 per SAP. Without a written amendment to this Agreement signed by the Parties, Consultant will be entitled to refuse additional City-referred employees after it has accepted the 6th referral hereunder. Payment will be made upon completion of services per SAP case. City will not be responsible for fees for services provided by Consultant to a terminated employee unless City requests that Consultant provide such services. Consultant will be entitled to full compensation for any City-referred employee with whom the Consultant conducts a face-to-face clinical assessment required pursuant to paragraph 1(b) hereof. Consultant will not be entitled to any compensation for any City-referred employee who fails to attend such face-to-face clinical assessment. 5. INSURANCE AND INDEMNIFICATION: (a) Consultant will operate hereunder in its roles as a case manager as an independent contractor and not as an officer, agent, servant, or employee of City. City agrees that Consultant will have exclusive control of, and the exclusive right to control, the details of the casework services performed MFT1T(':AT.SFR.VTC'F9 AOR.FF'MFNT hereunder, and all persons performing same, and will be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees. The doctrine of respondeat superior will not apply as between City and Consultant, its officers, members, agents, servants, employees, subcontractors, program participants, licensees, or invitees, and nothing in this Agreement will be construed as creating a partnership or joint enterprise between City and Consultant. In order to protect the City from liability, Consultant shall maintain a policy of malpractice insurance in the minimum amount of $1,000,000. City acknowledges that Consultant is not responsible for the acts or omissions of Tarrant Council on Alcoholism and Drug Abuse and that City will not hold Consultant liable under any theory of negligent referral because City has approved in advance such referrals. (b) Up to the amount of the above-referenced insurance limits set out in the immediately preceding paragraph and only to the extent such limits are available, Consultant covenants and agrees to, and does hereby indemnify, hold harmless, and defend City, its officers, agents, servants, and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the case management services to be performed hereunder by Consultant, its officers, agents, employees, subcontractors, licensees or invitees, unless caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcon-tractors, licensees, and invitees of City. 6. ASSIGNMENT: Neither party may assign this Agreement nor any duties or obligations hereunder without the prior written consent of the other party, which consent may not be unreasonably withheld, delayed, denied, or conditioned. 7. SUCCESSORS AND ASSIGNS: Subject to the provision regarding assignment, this Agreement will be binding on the successors and permitted assigns of the respective parties. 8. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to this subject matter. No other agreement, statement, or promise relating to this subject matter will be valid or binding unless in writing and signed by both parties. 9. GOVERNING LAW; VENUE: The laws of the State of Texas will govern the validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under it. Venue will lie exclusively in Tarrant County, Texas. MFTIT�AT,RT+;R.VT�T+;S AGREEMENT �Ina i l 10. FORCE MAJEURE. Neither party will be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which means acts of God, strikes, material or labor restrictions by any governmental authority, insurrections, war, court orders, civil riot, floods, requisition or order of any governmental body or authority, and any other cause not reasonably within the control of either party and that either party, by the exercise of reasonable diligence, is unable, either wholly or in part, to prevent or overcome. 11. NO THIRD PARTY BENEFICIARY. This Agreement is not made for and is not intended to benefit any parties other than Consultant and Client. 12. GENERAL RULES OF CONSTRUCTION. This Agreement will not be strictly construed either for or against either party, but this Agreement will be interpreted in accordance with the general tenor of the language of this Agreement in an effort to reach an equitable result. No remedy or election given by any provision in this Agreement will be deemed exclusive unless so indicated, but each will, wherever possible, be cumulative with all other remedies in law or equity. The parties acknowledge that this Agreement has been freely negotiated by both parties and that each party (and its counsel, if any) has had the opportunity to review and revise this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. 13. CAPTIONS; CROSS REFERENCES. The headings and captions contained in this Agreement are inserted for convenience of reference only, and are not to be deemed a part of or to be used in construing this Agreement. The captions in no way define, describe, amplify, or limit the scope or the intent of this Agreement or any of the provisions of this Agreement. All references in this Agreement to articles, sections, or subsections thereof refer to the corresponding article, section, or subsection of this Agreement unless specific reference is made to such articles, sections, or subsections of another document or instrument. 14. USE OF GENDER, NUMBER, AND REFERENCES. For ease of reference, the masculine pronoun has been used throughout the drafting of this Agreement. However, all personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, include all other genders where the context so requires or indicates. Unless the context otherwise requires, words of the singular number include the plural and of the plural number include the singular. Capitalized terms used in this Agreement have the meaning assigned thereto in this Agreement. Wherever the terms "hereof," "hereby," "herein," or words of similar import are used in this Agreement, they are to be construed as referring to this Agreement in its entirety rather than to a particular section or provision, unless the context specifically indicates the contrary. Any reference to a particular "section" is to be construed as referring to the indicated section of this Agreement. M� ` crEl-0HTAA V1Vr MFTIT�AT,SFR.VT� � .F FS ARFMFNT ��1� c,l�;�U� 15. COUNTERPARTS. This Agreement may be signed in multiple counterparts, each of which will be an original and all such counterparts together will represent but one and the same instrument; but in making proof of this Agreement it will not be necessary to produce or account for more than one such counterpart. This Agreement becomes effective when one or more of the counterparts has been signed by each of the parties and delivered to the other party. By signing this Agreement, each party acknowledges that such party has received a duplicate original of this Agreement. 16. TIME IS OF THE ESSENCE. In all instances where either party is required under this Agreement to do any act at a particular indicated time or within any indicated period of time, it is understood that time is of the essence. All such performance dates, time schedules, and conditions precedent to exercising any right will be strictly adhered to without delay except where otherwise expressly provided. In computing any period of time by days as provided in this Agreement, the date of the act, event, or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless the last day of any time period stated in this Agreement falls on either a Saturday or Sunday or falls on a legal holiday recognized by the United States Postal Service, and the duration of such time period will be extended so that it ends on the next succeeding day that is not a Saturday, Sunday, or legal holiday recognized by the United States Postal Service. 17. ADDITIONAL INSTRUMENTS. The parties each agree to sign, acknowledge, and deliver any instruments in writing, without additional consideration, as and when any request by the other party for such instruments is made. Executed this 2-74day of June 2001, in Fort Worth, Tarrant County, Texas. MFDTrAT.RFR.VTf`FR AGREEMENT Eff CITY OF FORT WORTH FAMILY SERVICE, INC. By: cc - J -{ By. harles Boswell Floyd R. Davis, Jr. Assistant City Manager President and CEO APPROVED AS TO FORM AND LEGALITY: Assistant ty Attorney ATTEST: jpfvu 'loxiaPe City Secretary X10y I?Eyu/R&-)9 contract Authorization Date Ol! �T �..((�Or�f�°(�I GPKUIIIIID +r`6'tl U Ur c11 ) I rd I(C U MF,DT(`AT,RFR.VT(`Ffi AGREEMENT L