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HomeMy WebLinkAboutContract 30800 SEP 2 8 2004 STATE OF TEXAS § r : ry .ry. KNOW ALL$Y`` — SE TS: COUNTIES OF TARRANT § AND DENTON CITY SECRETARY CONTRACT NO . 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 All Church Home For Children an agency doing business in Texas, hereinafter called "Contractor", acting herein by and throughra. " gyp .,° its duly authorized C,E Ck 1. Scope of Services. In accordance with the highest professional standards, Contractor agrees to provide the services of three Wraparound Facilitators 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 S177,916. 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 Crp092204vi i , 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 29,2005, unless terminated earlier as provided herein.City shall have the right to extend this Contract for up to three (3) consecutive one-year renewal terms, 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 ten-n. All renewals 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 Mental Health Contract 2 All Church Horne Crp092204vt will notify Contractor of such occurrence and this Contract shall terminate on the last day of the 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. 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. b. Professional Liability limits should be consistent with other requirements. The Mental Health Contract 3 ... ..... All Church Home Crp0922040 ............. recommended minimum should be no less than: $1,000,000 per occurrence $2,000,000 aggregate The minimum insurance requirement for this line of coverage should be sufficient enough to coverage the completed operations of the construction project. Policies are to be written on an occurrence basis or if coverage is written on a claims-made basis, the retroactive date shall be 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 Wavier of rights of recovery(subrogation) in favor of the City of Fort Worth. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders'equity. In lieu of traditional insurance,alternative coverage maintained through insurance pools or risk retention groups, must also approved by 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 Mental Health Contract 4 All Church Home Crp092204vt as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety(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 binding upon either of 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. Consultant's insurance policy shall provide that the insurer shall give the City thirty(30)-days'prior written notice before altering, modifying or terminating the insurance coverage. 7. Independent 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 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. Mental Health Contract 5 All Church Home Crp092204vl ................. 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 non-nal 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 tinder 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 compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 10. Prohibition of Assignment. .............. Mental Health Conti-act 6 All Church Home Crp092204vl J" 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/VvIBE)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 Foil 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. 12. Choice of Law; Venue. Mental Health Contract 7 All Church Home Crp092204vl 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 2 0411 1- ALL CHURCH HOME FOR CHILDREN CITY OF FORT WORTH By: rs Joe PV-1i Title Assistan�Icilty anager Attest: Approved as form and legality r �stant C ��Marty Hendrix fty Attorney City Secretary S Ccntract AUthorizatioR Date Mental Health Contract All Church Home Crp092204v I ATTACHMENT I —"SCOPE OF WORK" Operational a. Participate in a mandatory training and technical assistance on the implementation of the Wraparound Philosophy, excluding those who are already trained. b. Work cooperatively with the FWISD Family Resource Centers, Community Resource Collaboration Group (CRCG) and Tarrant County Juvenile Services which will identify and refer eligible students and their families for services. C. Ensure agency support of the "no wrong door"philosophy to serving others. d. Adhere to the values and principle for the wraparound philosophy as described in the curriculum by Mary Grealish, M. Ed, attached as Exhibit A. Service Related a. Facilitate child and family team meetings. 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 and modify the plan as indicated by reassessment results. e. Keep the family and team members informed on the progress toward achieving the goals 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. 9- Motivate and support family involvement and the identification and inclusion of informal supports. h. Motivate and support family involvement in all phases of the process. i. Comply with the collection and sharing of data necessary for both the local and national evaluation for Community Solutions. Monitoring To ensure that the integrity of the Wraparound Philosophy is adequately employed and maintained by contracted agencies/organizations, Community Solutions will implement Zn three (3) separate review processes. Each of these are outlined below. Mental Health Contract 9 7-77 All Church Home Crp092204v1 .......... ....................... Utilization Review Monthly group meetings (approximately 2 hrs. in length) to include: • Clinical Director • Wraparound Facilitators • Supervisors • Evaluators Facilitators will provide a brief verbal summary of activity with one to two families each month with feedback being provided by meeting participants. Client confidentiality will be maintained by de-identifying each case (no client name will be used during the verbal reports) and having meeting participants sign confidentiality agreements to be maintained by Community Solutions. The purpose of the meeting will be to track progress of clients, share ideas and resources, to identify strengths and accomplishments and to address any concerns of the Wraparound Facilitators Case Review (approximately I hr. in length) Monthly meetings will include: • Clinical Director • Wraparound Facilitators • Supervisors The Clinical Director will meet with the Wraparound Facilitators individually each month to review and discuss each case in detail. The purpose of the meeting will be for the opportunity to ensure wraparound services are being delivered in a timely manner, consistent with the principles and values of the Wraparound Program. Attention will be given to documentation of services, appropriate use of flexible funds, and work toward sustainability of the child and family team. Case Audits Annual site visits scheduled per the Clinical Director A random sampling of case files will be reviewed by the Clinical Director for detailed analysis of service delivery, documentation procedures and appropriate use of the principles and values of the wraparound philosophy. A plan of correction will be drafted should concerns be noted during an audit with follow-up the next month. Areas to be monitored will include: 1. Project accomplishments Mental Health Contract 10 All Church Horne Crp092204vl .......... a. Activities that have been undertaken previous to the case review. b. Outcomes that have been achieved previous to the case review. c. Lessons learned, including any initiatives that have been attempted and did not succeed. 2. Stewardship of financial resources 3. Innovation 4. Sustainability 5. Efforts to infuse the wraparound philosophy throughout the contracted agency 6. Efforts to create sustainability in the projects' initiatives All contracted agencies/organizations will work cooperatively with the MHMR (Mental Health Mental Retardation) Research Division on local and national evaluation efforts. All contracted agencies/organization will submit monthly reports for all children and families served by the 5th of each month. Reports can be submitted via email, fax or hard delivery to the Clinical Director. Confidentiality and HIPAA Community Solutions will require the contracting agency/organization and all personnel involved in the project to execute Confidentiality Agreements prior to any performance of services to comply with the provisions of HIPAA as it relates to the privacy of health information. Privacy Officers or the designated person of all contracting agencies/organizations will be required to attend a mandated meeting regarding compliance with HIPAA regulations and how such relate to this work and the sharing of information. This meeting will be scheduled per the Program Director pre-implementation of services. Management Information System (MIS) All contracted agencies/organizations will participate in the use of a web-based MIS that will allow collection and sharing of common data elements. Use of this system will keep families from having to provide their information multiple times. It will also allow participating agencies easy and timely access to client's information. Families will complete only one (1) centralized intake form at their initial point of entry into service. From there, agencies providing services to families will be able to access the Z:) zll� information necessary to serve. The system will also allow for collection and tracking of data including service contacts, involvement in services and tracking of outcomes. The MIS system will be available in phases, with new components being made available at various intervals throughout the creation phase. Until the system is available, tracking Mental Health Conti-act All Church Home Crp092204v I of client involvement in service will be done by hand. Documentation of Service All contracted agencies/organizations will be required to submit a monthly activity report to the Clinical Director outlining each family's involvement in services. Contractors will be required to provide this information for the purposes of accountability and collection of data for evaluation of services. A report farm will be provided to contracted agencies/organizations. Completed forms can be submitted via fax at 817.871.7372 or by at victoria,kvarrnLf bgq,LIng* email it All contracted agencies/organizations will be required to maintain case files for each child and family served. Required forms and case filing procedures will be provided for each contractor. Staffing Requirements/Turnover Procedures All contracted agencies/organizations will be required to allow Community Solutions to assist in the selection of staff for the contracted positions. Qualified staff/applicants should possess a minimum of a Bachelor's degree or equivalent work experience. They should also display a commitment to the wraparound process and have displayed success in engaging clients in services. All contracted agencies/organizations will be required to inform the Clinical Director of any changes in staff or transferring of families to a new Wraparound Facilitator to assist in the transition of families. Mandated Training Identified Wraparound Facilitators will be required to attend a variety of trainings during the month of October 2004 as scheduled by Community Solutions. Training topics include the Wraparound philosophy, documentation procedures, cultural competency, ethics, critical incident reporting and evaluation. Additional training sessions will be offered throughout the year as necessary. Supervisors will be required to attend training on the Wraparound philosophy with the goal of providing supportive feedback to contracted staff. All facilitators and supervisors will attend training on the use of a Management Information System (MIS) once it is complete and ready for use. Mental Health Contract 12 All Church Home CrpO92204v1 Referrals for Service Referrals for service will be accepted by the Site Coordinators with the FWISD Family Resource Centers, Tarrant County Community Resource Collaboration Group (CRCG), and by the Tarrant County Juvenile Services, Children and families referred by FWISD will have been identified through the completion of an intake process. Referrals for service will be forwarded to the Clinical Director who will then contact the appropriate contracted agency or organization to initiate services. Children and families referred by CRCG will have been presented at a CRCG staffing and their contact information will be retained by the Clinical Director who will then contact the family to complete an intake. The family will then be assigned to a contractor who will begin work towards a comprehensive wraparound plan. Agencies will establish contact with referred families within 24 hours of receipt of referral. Children and families referred by Tarrant County Juvenile Services will follow a similar procedure as outlined above. Mental Health Contract 13 All Church Home Crp092204vl Wraparound Facilitators scope of work will include the following: 1. Receive referrals (completed intakes) for service as assigned by the Community Solutions Clinical Director 2. Establish contact with referred families within 24 hours of receipt of referral 3. Facilitate child and family team meetings 4. Assist in the development of individualized wraparound plans that includes clear needs statements, strength-based strategies and outcomes that are measurable and f speciic 5. Maintain accurate and concise documentation of contacts with family, team members and providers, including follow-Lip on referrals made. 6. Provide periodic reassessment and modify the plan as indicated by reassessment results. 7. Monitor child and family team progress 8. Motivate and support family involvement in all phases of the process 9. Assist in the identification and inclusion of informal resource supports 10. Ensure compliance with all HIPAA regulations, especially those regarding client confidentiality 11. Adhere to the values and principles of the wraparound philosophy as described in the curriculum by Mary Grealish, M.Ed. 12. Ensure compliance with the review processes as set forth by Community Solutions to ensure integrity of the Wraparound philosophy 13. Ensure participation in the use of a web-based MIS that will allow collection and sharing of common data elements 14. Allow Community Solutions to assist in the selection of staff for contract positions 15. Participate in mandated trainings beginning October 2004 as scheduled by Community Solutions regarding the Wraparound philosophy, documentation procedures, cultural competency, ethics, critical incident reporting and evaluation 16. Ensure compliance with the collection and sharing of data necessary for both the local and national evaluation for Community Solutions 17. Ensure agency support of the "no wrong door" philosophy to serving others . ............ Mental Health Contract 14 All Church Home Crp092204vl City of Fort Worth, Texas Mayor and Council Communication ..... COUNCIL ACTION: Approved on 9/21/2004 DATE: Tuesday, September 21 , 2004 LOG NAME: 50WRAPAROUND REFERENCE NO.: **C-202$6 SUB.J„E.CT: Execute Annual Professional Services Contracts for Wraparound Facilitators Funded by a Grant from the U.S. Department of Health and Human Services for a Child Mental Health Initiative (CIVIHI) Co-operative Agreement RECOMMENDA"PION: It is recommended that the City Council authorize contracts for sixteen Wraparound facilitators with seven agencies for emotionally disturbed children residing in the City of Fort Worth to begin September 30, 2004, and expire September 29, 2005, with options to renew for three one-year periods contingent upon receipt of third year 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 disturbance and their families. To increase the current capacity of eight Wraparound facilitators, Community Solutions is requesting an additional eight Full Time Equivalents (FTEs). Community Solutions intends to contract with the following qualified agencies to serve as Wraparound Facilitators for local families. They aim to serve 160 children and their families. A Request For Proposal (RFP) process resulted in evaluation and interview of the eight agencies who responded. Based on proposals received four agencies who were already providing services, will receive funds for one additional Wraparound facilitator and two new agencies will receive funds for two Wraparound facilitators each. A complete proposal matrix is attached. All funds for these contracts are provided by the grant from the U.S. Department of Health and Human Services, which was first approved by the City Council on April 23, 2002 (M&C C-19063). Current Agency Current FTEs Additional.-FTEs BudnetedAmount All Church Home 2 1 $177,916.00 Catholic Charities 2 1 $156,927.00 Lena Pope Home 2 1 $203,828.00 MHMR 1 1 $98,481.77 The Parenting Center 1 0 $64,523.00 Logname: 50WRAPAROUND Page 1 of 2 New Ag ncy Current FTEs Ad itional FTE udge A Santa FeAdolescent Services U 2 $124.289.00 The Bridge Youth and Family Services 0 2 $119.658.00 GRAND TOTAL $945.82277 RENEWAL [)F»T|{)NS - TheSe contracts may be neOevv8d by the City Manager for up to three SUCCeosivG one-year terms at the City's option provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. PROPOSAL ADVERTISEMENT - This bid was advertised in the Commercial Recorder On June 98nd June 18, 2004. Twenty-four agencies were contacted and eight responses were received. PROPOSAL MATRIX - see attached. M/VVBE - A waiver of the goal for yW/VVBE subcontracting requirements was requested by the PU[Ch35iDg Division and approved by the M/VVBE Office because services are from sources where subcontracting opportunities are negligible. FISCAL . The Finance Director certifies that upon approval of the above naoOnnnlendadOnS and receipt Of the SAK4HSA grant contract, funds will be available in the Fiscal Year 2004-2005 operating budget Ofthe Grants Fund. 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