Loading...
HomeMy WebLinkAboutContract 33349 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT § DENTON AND WISE CONTRACT FOR PROFESSIONAL SERVICES This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, acting as administrator for the Child Mental Health Initiative Co-operative (CMHI) Agreement hereinafter called "City", by and through its duly authorized Assistant City Manager,Joe Paniagua,and Mental Health Connection of Tarrant County (MHC), an agency doing business in Texas, hereinafter called "Contractor", acting herein by and through its duly authorized f5 1�Ea 1. Scope of Services. In accordance with the highest professional standards,Contractor agrees to provide consultation for the purpose of sustaining the City's Community Solutions Wraparound System of Care as specified in Attachment 1 —"Scope of Work",attached hereafter and incorporated into this Contract 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 $110,000. Mental Health Contract Mental Health Connection CRL03.13.06v1 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 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 the date of full execution by City and Contractor and shall terminate September 29,2006,unless terminated earlier as provided herein.City shall have the right to extend this Contract for up to two (2) consecutive one(1)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 term. 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 giving the Contractor thirty (3 0)days notice in writing to Contractor. Upon the receipt of such notice,Contractor will have thirty (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. Mental Health Contract Mental Health Connection CRL03.13.06v1 2 - S� i,Ny" n 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 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. 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. Contractor 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 Contractor 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 Mental Health Connection CRL03.13.06v1 3 �..l ; I 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 Mental Health Connection CRL03.13.06vl 4 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 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. Mental Health Contract Mental Health Connection CRL 03.13.06v 1 S e�:n npU qn 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 compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. Mental Health Contract Mental Health Connection CRL03.13.06v 1 6 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 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 a"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 (6) 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. 12. Choice of Law; Venue. a. This Contract shall be construed in accordance with the internal law of the State of Texas. Mental Health Contract Mental Health Connection CRL03.13.06vl 7 IT, � rBo 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, theD l day of , 20 _04 MENTAL HEALTH CONNECTION CITY OF FORT WORTH OF TARRANT COUNTY By: ✓ Joe Pana a Title: Assistant City Manager Witn ss Approved as form and legality y: Assistant ity Attorney Attest: 1 Marty Hendrix City Secretary ;ontract Authorizatioa Date � Mental Health Contract Mental Health Connection CRL03.13.06v1 $ l��f �\ �Nll �dVIJlL�J ATTACHMENT 1 -"SCOPE OF WORK" Mental Health Contract Mental Health Connection CRL03.13.06vl 9 The Need Over the past seven years, Tarrant County social service providers have been dedicated to the effort of creating a seamless system of care for individuals and families in need of mental health services. This commitment has resulted in the Mental Health Connection's (MHC) collaborative procurement of federal funding through the Substance Abuse and Mental Health Services Administration(SAMHSA). Consequently, Tarrant County, through the City of Fort Worth Public Health Department's Community Solutions Project, has spent the last four years planning and implementing the wraparound model in hopes of creating a new, more effective way to serve children and families through the use of strengths-based, family-driven, and outcome-focused interventions. The progress made as well as the success enjoyed by those participating in the wraparound process has been unprecedented and, for the sake of those families needing the help, must continue. However, even with the progress being made thus far, it is a hard reality that many communities receiving similar funding have not been able to sustain their efforts following the end of the grant cycle. This is in large part due to the lack of an organized, strategic effort to develop a strong sustainability plan prior to funding being discontinued. In such cases, the progress does not continue and there is a greater likelihood of services regressing to what they were prior to the implementation of these efforts. With this in mind, Tarrant County has a need to enter into a strategic process that will focus on the sustainability of wraparound, its infiltration into the community, and the important role it plays in system change efforts. This proposal includes employing a Sustainability Liaison that will focus on these issues. Proposed Services Through the proposed contract, the Mental Health Connection (MHC) will work with Community Solutions to develop and implement a strategic plan for the sustainability of wraparound services and continued system change efforts following the discontinuation of SAMHSA funding in September, 2008. The tasks proposed include the following: Identifying Expectations and Outcomes In order for a comprehensive strategic plan to be constructed, it is imperative that the vision and expected outcomes of families,participating agencies, and other community stakeholders be explored and compiled. This will include meetings with the following: • Agency Partners The MHC will meet with agency executives participating in the Community Solutions Project to assess their level of understanding, and their success and commitment to the wraparound process, as well as their interest and capability in sustaining the program once the grant cycle is over. The MHC will also discuss with each agency executive their successes and challenges in infiltrating wraparound principles throughout their agency programs. This will be done using an agency survey that is currently being developed by the Mental Health Connection's Advocacy Committee. • Additional Stakeholders Along with community social service providers, successful sustainability of the wraparound project will also include identifying and engaging additional stakeholders that are essential to the sustainability effort. This includes corporate leadership, state and local leaders, law officials, and local school districts. While many of these stakeholders have been made aware of system change efforts, there is a renewed need to inform them of the progress made and solicit participation and commitment on a greater level. With this in mind, the MHC will work with Community Solutions staff and other community leaders to identify stakeholders, craft a message of intent, and communicate tasks and outcomes needed to move forward. • Parents and Families No efforts to improve the current system of care will be effective without input from the parents receiving the services. In this effort, feedback from parents and families will be vital to sustainability planning. The MHC will meet with local parent groups including the Community Solutions Advisory Board, families participating in the Community Solutions Project, and families from other agencies who are currently accessing mental health services, or have required mental health services in the past. Parents will be encouraged to offer feedback regarding progress that has been made in the community, what has been effective, what has not proven helpful, and what they perceive the continued needs of the population to be. • Linking with Collaborative Efforts In addition to those agencies subcontracting with Community Solutions, feedback will also be solicited from partner agencies with the Mental Health Connection who are closely linked to the systems change efforts and its ongoing success. Various subcommittees of the MHC, including the sustainability committee,the grants committee, the advocacy committee, the operations committee, and the social marketing committee have been intricately involved in both the planning and ongoing implementation of the Community Solutions project. In this effort, each committee would have input to the strategic plan with a focus on how MHC and its partners can continue to support and endorse wraparound principles and practice. Likewise, other active collaborations within the community may be asked to provide information and insight into how their goals coincide with those of MHC in providing seamless services across the county. • Identifying Funding Needs and Resources Along with a vision and plan for the sustainability of wraparound and system change is the need to secure funding for such a vision. The MHC will also be responsible for outlining the financial resources needed to maintain services once SAMHSA funding is discontinued. This will require assistance from the Mental Health Connection Grants Committee as well as the participating agencies. The MHC will utilize the grants committee to actively identify possible funding sources once the need has been determined. The agencies themselves will identify resources within their own organization that can be committed to the process. • Completion and Communication of the Strategic Plan Upon completion, the strategic plan for sustainability will be shared with all invested parties including, Mental Health Connection community partners, families, and other community stakeholders. • Agency Consultation In addition to receiving input from agencies, the Mental Health Connection will also be available to provide consultation to agencies needing assistance in integrating the wraparound philosophy throughout their programs. This will include but is not limited to, revising program forms to reflect wraparound terminology, training employees throughout the agency on family-driven, strengths-based interventions, and presenting the wraparound values to agency board members and stakeholders. V F'J11 I J S ' !� Dace I o,f 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/7/2006 DATE: Tuesday, March 07, 2006 LOG NAME: 50SUSTAIN REFERENCE NO.: **C-21336 SUBJECT: Authorize Execution of an Annual Professional Service Contract for System of Care Sustainability Consultation with Mental Health Connection of Tarrant County RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract for $110,000 with the Mental Health Connection of Tarrant County to provide consultation to sustain the Community Solutions Wraparound System of Care, effective upon approval and expiring September 29, 2006, with options to renew for two one-year periods contingent upon receipt of annual funding for the supporting grant. DISCUSSION: The goal for the SAMHSA funded 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, strength-based, child-centered, family-driven services and support for children with serious emotional disturbances and their families. This will enable children to remain with their families and not in hospitals or other institutions. Currently six agencies have provided wraparound services to 213 families through contracts with The City of Fort Worth as approved by City Council on September 21, 2004, MSEC C-20286. These services have had extremely positive outcomes as shown in the extensive evaluations. Children served through the Wraparound contracts have demonstrated increased strengths, decreased impairments, dramatic decreased involvement with law enforcement, significant improvement in school performance, and avoided institutionalization. Also these and numerous other agencies have made significant gains in adopting the Wraparound process throughout their agencies. However, for Wraparound services to be available, the program must be sustained beyond the federal cooperative agreement and for the philosophy to be further infused several things need to happen through the proposed contract. * Continue working with the state to implement Medicaid reimbursement to replace federal funding. * Work with the six contracted agencies and other stakeholders to adopt the Wraparound process throughout every service that the agency provides. * Assist each of the six contracted agencies to find sustainable funding or reimbursement. The Mental Health Connection (MHC) is the ideal agency to administer this contract due to the agency's unique position of having most of the community's service providers as members. The MHC has a history of successful collaboration and has been a champion for systems improvement. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/19/2006 Page 2 of 2 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 current operating budget as appropriated of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 050416784010 $110,000.00 Submitted for City Manager's Office b Joe Paniagua (6191) Originating Department Head: Daniel Reimer(7201) Additional Information Contact: Sherwin Daryani (8568) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/19/2006