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