HomeMy WebLinkAboutContract 34223CITY SECRETARY 3�ia�3
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON
CONTRACT FOR PROFESSIONAL SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant and Denton Counties, Texas, acting as administrator for the Child Mental Health Initiative
Co-operative (CMHI) Agreement for the Mental Health Connection of Tarrant County (MHC)
hereinafter called "City", by and through its duly authorized Assistant City Manager, Joe Paniagua,
and The Parenting Center an agency doing business in Texas, hereinafter called "Contractor", acting
herein by and through Barbara Lamsens, its duly authorized executive director.
1. Scope of Services.
In accordance with the highest professional standards, Contractor agrees to provide the services
of one Wraparound Facilitator as specified in Attachment 1—" Scope of Work", attached hereafter
and incorporated into this agreement hereby. Contractor shall follow any and all standards as deemed
necessary by the U.S. Department of Health and Human Services for the CMHI Agreement and as
described in the Grant (the Grant) to fund the CMHI Agreement.
2. Compensation:
a. The amount to be paid to Contractor for all services performed hereunder shall be
$74,523.00.
b. It is understood that this Contract contemplates the provision of full and complete
contractual services for this project, including any and all necessary changes or contingencies
Mental Health Contract 1
All Church Homed
Lw—
to complete the work as outlined in Section 1, "Scope of Services", for the fee described in
Section 2. a.
3. Term.
The term of this Contract shall commence upon date of full execution by City and Contractor
and shall terminate September 29, 2007, unless terminated earlier as provided herein. City shall have
the right to extend this Contract for one consecutive renewal term, provided City and Contractor
agree to extend this Contract in writing at least thirty (30) days prior to the end of the initial term or
the then current renewal term. Renewal shall have the same terms and conditions as set forth herein,
unless agreed to otherwise in writing by both parties in an amendment to this Contract.
4. Termination
a. City may terminate this Contract at any time for any cause by 30-day notice in writing to
Contractor. Upon the receipt of such notice, Contractor will have 30 days to discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 4.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Contractor documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated by City or by the U.S.
Department of Health and Human Services in any fiscal period for any payments due hereunder, City
will notify Contractor of such occurrence and this Contract shall terminate on the last day of the
Mental Health Contract 2
All Church Home
c' L'J v ! 1:5VVkU
MTV il' ,/aZ)," i4I� 7S
� I��il:l
a ..'✓1. il� u:.J�:a
fiscal period for which appropriations were received without penalty or expense to City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have
been appropriated. City has informed Contractor that, concurrently with approval of this Contract,
City intends to appropriate 100% of the funds specified in this Contract, so that all funds will be
budgeted and appropriated prior to the commencement date of this Contract.
Upon termination of this Contract for any reason, Contractor shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
5. Indemnification.
CONTRACTOR SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS,
AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE, LIABILITY OR
EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO
ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR
EMPLOYEES OF CONTRACTOR OR SUBCONTRACTORS, WHICH MAY ARISE OUT
OF ANY ACT, ERROR OR OMISSION IN THE PERFORMANCE OF CONTRACTOR'S
PROFESSIONAL SERVICES. CONTRACTOR SHALL DEFEND AT ITS OWN EXPENSE
ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM
SUCH ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY
ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM
OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH ACT,
ERROR OR OMISSION.
6. Insurance.
a. Consultants shall not commence work under this Contract until it has obtained all
insurance required under this section and until such insurance has been approved by the City, nor
shall Consultant allow any subcontractor to commence work on its subcontract until all similar
insurance of the subcontractor has been so obtained and approval given by the City.
Mental Health Contract
All Church Home
(�.....n2nn 1
b. Contractor shall maintain the following insurance coverage for the duration of the contractual
agreement.
Commercial General Liability (CGL)
$1,000,000 each occurrence
$2,000,000 aggregate limit
Coverage shall include but not be limited to premises/operations, independent
contractors, products/completed operations, personal injury and contractual liability.
Workers Compensation
Statutory Limits
Employers Liability $100,000 Each accident/occurrence
$100,000 Disease — each employee
$500,000 Disease — policy limit
Professional Liability
$1,000,000 per claim and aggregate
Policies are to be written on an occurrence basis, with the exception of Professional Liability,
which may be written on a claims -made basis. Any claims -made policy shall have a retroactive date
coincident with or prior to the date of the contractual agreement. The certificate of insurance shall
state that the coverage is claims -made and include the retroactive date. The insurance shall be
maintained for the duration of the contractual agreement and for five (5) years following completion
of the service provided under the contractual agreement or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence coverage.
c. General Requirements
All insurance policies shall contain the following endorsements:
■ The City shall be notified a minimum of thirty (30) days prior to the cancellation or non -
renewal of, or material changes to said policies.
■ Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
Any deductible or self -insured retention (SIR) greater than $5,000 shall be acceptable to and
approved in writing by the Risk Manager of the City of Fort Worth. In lieu of traditional insurance,
Mental Health Contract 4
All Church Home �' 1 C ` `✓ d:
Sj;rJ,"
f
alternative coverage maintained through insurance pools or risk retention groups, must also approved
by the City's Risk Manager.
The Insurers for all policies must be licensed or approved to do business in the State of Texas, and
have a minimum rating of A: VII in the current A.M. Best Key Rating Guide, or have reasonably
equivalent financial strength and solvency to the satisfaction of the City's Risk Manager.
The City, at its sole discretion, reserves the right to review the insurance requirements and to make
reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent
by the City based upon changes in statutory law, court decision or the claims history of the industry
as well as of the contracting party to the City of Fort Worth. The City shall be required to provide
prior notice of ninety (90) days.
The City shall be entitled, upon request and without expense, to receive copies of policies and
endorsements thereto and may make any reasonable requests for deletion or revision or modifications
of particular policy terms, conditions, limitations, or exclusions except where policy provisions are
established by law or regulations are binding upon either party or the underwriter on any such
policies.
d. Proof of Insurance Coverage. Contractor shall furnish the City with a certificate of insurance as
proof that it has obtained for the duration of this Contract the insurance amounts required herein.
7. Indenendent Contractor.
Contractor shall perform all work and services hereunder as an independent contractor and not as an
officer, agent or employee of the City. Contractor shall have exclusive control of, and the exclusive
right to control, the details of the work performed hereunder and all persons performing same and
shall be solely responsible for the acts and omissions of its officers, agents, employees and
Mental Health Contract 5
All Church Home
bV..c
P
subcontractors. Nothing herein shall be construed as creating a partnership or j oint venture between
the City and the Contractor, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Contractor.
8. Disclosure of Conflicts.
Contractor warrants to the City of Fort Worth that it has made full disclosure in writing of any
existing or potential conflicts of interest related to the services to be performed hereunder.
Contractor further warrants that it will make prompt disclosure in writing of any conflicts of interest,
which develop subsequent to the signing of this Contract.
9. Ri2ht to Audit.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment under
this Contract, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Contractor involving transactions relating to this Contract. Contractor
agrees that the City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. The City shall give Contractor reasonable advance
notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after
final payment under the subcontract, have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
Mental Health Contract 6
All Church Home r y ^ r
�riai, •,, �.''II U �r
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
10. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. M/WBE Goals; Nondiscrimination.
a. Contractor acknowledges its commitment to meet or make "good faith" effort to meet the
City of Fort Worth's goals for Minority/Women-owned Business Enterprises (M/WBE) participation
in City contracts. M/WBE participation was one of the evaluation criteria used in the award of this
Contract; therefore, failure to comply may result in the Contractor being classified as nonresponsive
and being barred from City work for a period of not less than six months. Contractor agrees to
furnish documentation of M/WBE participation such as canceled checks, etc., or such evidence as
may be deemed proper by the City of Fort Worth. At the present time this paragraph does not apply
since Contractor has not retained nor has any plans to retain the services of any subcontractors in
connection with the performance of this Contract.
b. As a condition of this Contract, Contractor covenants that it will take all necessary actions
to insure that, in connection with any work under this Contract, Contractor, its associates and
subcontractors, will not discriminate in the treatment or employment of any individual or groups of
individuals on the grounds of race, color, religion, national origin, age, sex, sexual orientation or
disability unrelated to job performance, either directly, indirectly or through contractual or other
arrangements.
Mental Health Contract %
All Church Home
12. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the State of Texas.
b. Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this contract, venue for said action shall be in Tarrant County, Texas.
EXECUTED on this, the 30 day of 20 Q 4
THE PARENTING CENTER
By:
,4�� 0 ��
Barbara Lamsens
Title: Barbara Lamsens
ffAttest:
I�
Marty Hendrix
City Secretary
,ntract Authorization
Mental Health Contract
All Church Home
&p9422A4vb
CITY OF FORT WORTH
Approved as form and legality
X
Assistant City (Attorn y
8 SS 111I II,,
Q'11 bi! � S , 03 12,
1, Itl ��Cl�
!11E1.''a� 11
City of Fort Worth
Public Health Department
Community Solutions
Scope of Work
Operational
a. Advertise and hire qualified staff as necessary.
b. Provide training and technical assistance on the implementation
of the Wraparound Philosophy for new employees.
C. Work cooperatively with the FWISD Family Resource Centers
and other community partners, which will identify and refer
eligible students and their families for services.
d. Work cooperatively with the MHMR Research Division on
procedures and projects relating to evaluation, including the
completion of case reviews.
e. Provide clinical supervision to wraparound facilitators.
f. Administer flex funds as appropriate in relation to achievement
of identified outcomes and in addressing unmet needs.
Funds CANNOT be used for the following:
1. educational services (i.e. GED test preparation, driver's ed,
educational testing)
2. health services (i.e. anything related to Dhvsical health such as
check ups, immunizations, diabetes or asthma medication —does NOT
include prescriptions for psychotropic meds)
3. vocational counseling and rehabilitation services
4. substance abuse treatment and prevention services
5. protection and advocacy (i.e. court or lawyer fees, court f ines)
6. credit card payments
7. purchase of a vehicle (does NOT include 1 time car payment, lease
of a moving van or payment for car repair)
g. Participate in scheduled monitoring activities by Community
Solutions.
h. Participate in scheduled meetings with the Clinical Director and
agency supervisors in regards to issues relating to system of
care development and project specific matters.
i. Participate in scheduled meetings with the Evaluation Team in
regards to issues relating to evaluation activities.
j. Ensure agency support of the 'no wrong door' philosophy to
serving others.
Service Related
a. Receive referrals from FWISD and community partners via
Community Solutions Clinical Director.
b. Assist in the development of an individualized Wraparound Plan
for each child that includes clear needs statements, strength -
based strategies and outcomes that are measurable and
specif ic.
C. Maintain accurate and concise documentation of contacts with
family, team members and providers, including follow-up on
referrals made.
d. Provide periodic reassessment of wraparound plans and modify
as indicated by reassessment results.
e. Keep the family and team members informed on the progress
toward achieving the outcomes of the plan.
f. Facilitate child and family efforts to obtain any financial
assistance or services for which they may be eligible for under
federal, state and local regulations.
g. Motivate and support family involvement and the identification
and inclusion of informal supports.
h. Complete and submit EDIFs and other evaluation -related data
to the MHMR Research Division as directed by the Evaluation
Team.
i. Submit case closure summaries to the Clinical Director upon
closure.
Monitoring
To ensure that the integrity of the wraparound philosophy is
adequately employed and maintained by contracted agencies,
Community Solutions will utilize the following processes:
1. Utilization Review
v'�l�vJi�1:S 1:5V�J1i'
Monthly meetings where facilitators provide a brief verbal
review of activity with one (1) family each month with feedback
being provided by meeting participants. Key points of interest
include:
a. Concerns expressed at intake
b. Length of time taken to engage families in the process
C. Identified outcomes in the plan and how they relate to
expressed concerns
d. Successes and difficulties encountered by the facilitator
and team
2. Supervisory Staff Meetings
Monthly meetings between Clinical Director and agency
supervisors to identify and discuss issues of importance
relating to system of care development, Community Solutions
and wraparound implementation.
3. Site Visits
Semi-annual visits by the Clinical Director and Administrative
Assistant to ensure project compliance and appropriate
stewardship of project funds.
Areas of monitoring will include:
1. Project accomplishments
2. Use of flex funds
3. Innovation
4. Sustainability efforts
5. Compliance with evaluation efforts and activities
6. Maintenance of accurate and concise documentation of
contacts and activities with families and teams
a. Case notes
b. Wraparound plans
c. Consent to Participate Form and releases
Confidentiality and HIPAA
All contracted agencies will be required to execute Confidentiality
Agreements with all agency personnel prior to any performance of services
to comply with the provisions of HIPAA as it relates to the privacy of health
information.
Wraparound Facilitator
BUDGET
FY 2006-2007
(September 30, 2006 - September 29, 2007)
Applicant The Parenting Center
Budget Category
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Flex Funds — Client Assistance
Other Expenses
Indirect (14.0%)
TOTAL BUDGET
Amount requested $74,523.00
Amount
40,173.00
8,321.78
2,772.00
0.00
2,542.00
10,000.00
1,581.40
9,132.82
74,523.00
h:\data\support\grants\community solutions Budget 2006-2007.doc
fla ✓:�J}�� 11 ��y1'
THE PARENTING CENTER
BUDGET JUSTIFICATION FOR
WRAPAROUND FACILITATOR
September 2006 — September 2007
Personnel...................................................................................................$40,173.00
One full time employee is required to carry out the direct service delivery to clients. The
Director of Programs will serve as the immediate supervisor of the Wraparound
Facilitator and will spend 15% of her time in program activities. The Director for
Programs will also attend monthly utilization and case review, and program assurance
and will spend 10% of her time in these activities.
Fringe Benefits..............................................................................................$8,321.78
Fringe benefits reflect current rates for FICA, SUTA and Worker's Compensation. The
Parenting Center pays approximately 80% of the cost of employees' health insurance
premiums. Life and AD&D insurance are benefits paid by the agency. Retirement plan
contribution costs are estimated at 5% of total salaries.
Travel............................................................................................................$2,772.00
Local travel expenses are calculated at $.445 per mile for trips between staff offices and
client residences, medical facilities and other community resource agencies. The
Wraparound Facilitator is budgeted at 6,229 miles annually for local travel.
Equipment..............................................................................................................$0
None
Supplies.........................................................................................................$2,542.00
Supplies include office, computer and meeting supplies, postage and brochures for
program activities.
J,/'
. :b ..:✓ : t � dam' i
The Parenting Center: Budget Justification - Page 2
Flex Funds......................................................................................$10,000.00
Expenditures in direct support of families in relation to achievement of identified
outcomes and in addressing unmet needs.
OtherExpenses.......................................................................................$1,581.40
Basic telephone service is based on actual costs charged at the percent of program
staff to total agency staff and long distance charges are billed as supported by long
distance call logs and billing records for each direct service staff employee. Other costs
are monthly cell phone service, Internet and e-mail access.
Indirect..........................................................................................................$9,132.82
Administrative and support costs are allocated to the program as an indirect expense.
These services include general administration, payroll, accounting, community
awareness and clerical support. Other indirect costs are housekeeping, maintenance,
security and property and general liability insurance, professional liability insurance,
fidelity bond, auto insurance and umbrella coverage, directors and officers and fiduciary
liability insurance. Bookkeeping, audit fees and retirement plan management fees are
also allocated to the program. Indirect costs are 14% of total direct expenses.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2006
DATE: Tuesday, September 26, 2006
LOG NAME: 50WRAPAROUND06
REFERENCE NO.: **C-21728
SUBJECT:
Execute Annual Professional Services Contracts for Wraparound Facilitators Funded by a Grant
from the U.S Department of Health and Human Services, Substance Abuse and Mental Health
Services Agency for a Child Mental Health Initiative Co-operative Agreement
RECOMMENDATION:
It is recommended that the City Council authorize contracts for twelve Wraparound facilitators with six
agencies for emotionally disturbed children residing in the City of Fort Worth to begin September 30, 2006,
and expire September 29, 2007, with an option to renew for a one-year term contingent upon receipt of
funding for this grant.
DISCUSSION:
The goal for the Child Mental Health Initiative, "Children's Voices, Family Choices, Community Solutions:
Building Blocks for Healthy Families," is to create a new way of providing mental health services for
children with severe emotional disturbances. The key component for making this happen is a process
called Wraparound. The goal of Wraparound is to create a collaborative system infrastructure that will
provide individualized, child -centered, family -driven services and support for children with serious
emotional disturbances and their families.
On September 21, 2004, City Council approved funding for 16 wraparound facilitators (M&C C-
20286). Due to funding from the CMHI co-operative agreement ending on September 29, 2008, the
Community Solutions division of the Fort Worth Public Health Department is working with partner agencies
to enable the agencies to sustain the currently contracted Wraparound services without CMHI dollars. In
order to ensure the success of this transition, Community Solutions would propose to decrease the number
of Wraparound facilitators from 16 to 12 but increase the level of responsibility in the agencies' scope of
work. This would include shifting all supervision of staff and management of flexible funds from
Community Solutions staff to agency staff. Community Solutions staff would then serve strictly to provide
technical assistance and audit contracts to ensure appropriate use of funds.
All funds for these contracts are provided by the grant. Contracts with each agency would be as follows:
Aaencir
All Church Home
Catholic Charities
Lena Pope Home
MHMR
Parenting Center
Santa Fe Adolescent Services
Grand Total
FTEs Buda_eted Amount
4 $277,221.32
2 $124,618.00
2 $155,885.34
1 $64,240.89
1 $74,523.00
2 $144.289.00
$840,777.55
Logname: 55SPINKS RAMP Page 1 of 2
RENEWAL OPTION — These contracts may be renewed by the City Manager for a consecutive one-year
term at the City's option provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and receipt of the
SAMHSA grant contract, funds will be available in the Fiscal Year 2006-2007 operating budget of the
Grants Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 539120 050416785010 $840,777.55
Submitted for Citv Manaaer's Office bv: Joe Paniagua (6191)
Oriainatina Deoartment Head: Daniel Reimer (871.7201)
Additional Information Contact: Sherwin Daryani (871.8568)
Logname: 55SPINKS RAMP
Page 2 of 2