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HomeMy WebLinkAboutContract 34282CITY SECRETARY) J� CONTRACT NO.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 Mental Health Mental Retardation of Tarrant County an agency doing business in Texas, hereinafter called "Contractor", acting herein by and through Susan Garnett, its duly authorized Chief Operating Officer: 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 I — " 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 $64,240.89. 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 Home Crp092204v 1 rTN 'f U ' v p 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 Heath Contract 2 All Church Home Crp092204vl 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. C. 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. 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 3 All Church Home Crp092204vl ?V, `' Ins ,' o 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 Crp092204vl Sn 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 Crp092204vi subcontractors. Nothing herein shall be construed as creating a partnership or joint 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. Right 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 Crp092204v1 j >jr� =n ^c 1 U�.G'�' 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 Crp092204vl J � o .'. "✓ �'. 6 III � �, u�'. a 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 day of !' ; G'�f'i� im ., 20-(-)� l MENTAL HEALTH MENTAL RETARDATION OF TARRANT COUNTY e By: Title CITY OF FORT WORTH i Joe n 0 4 41 Assistant City anager YAttest: Approved as form and le ality I� �ti!A/ Marty Hendrix Assistant City Attorney City Secretary Cont ct Authoriaatiox 0 Q - - Date Mental Health Contract 8 All Church Home Crp092204vl 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 physical 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 fines) 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 specific. 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 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. PROPOSED BUDGET FY 2007 City of Fort Worth Wrap Around Facilitator Personnel: One FTE 32,236 Fringe Benefits: 22% 7,092 Local Travel 500 Miles a month at .405 per mile 2,430 One Mobile Phone at 64.99 per month 780 One Computer Lease at 48.22 per month 579 Office Supplies 500 Office Space - $350.00 per month 4,200 Flex Funds 10 families $1,000 per family 10,000 10% Indirect Rate 6,424 64,2401 Page 1 of 2 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: Agency 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 RENEWAL OPTION — These contracts may be renewed by the City Manager for a consecutive one-year http://www.cfwnet.org/council_packet/Reports/mc_print.asp U11/13/2006 Page 2 of 2 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 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers GR76 539120 050416785010 $840,777.55 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/13/2006