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HomeMy WebLinkAboutContract 29030 08-28-03 P01 :5n IN x :44 IN STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: 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,Libby Watson, and Lena Pope Home Inc.,an agency doing business in Texas,hereinafter called"Contractor",acting herein by and through n-3 its duly authorized_L&C.t.7 k C I(--(sr-- 1. Scone of Services. In accordance with the highest professional standards, Contractor agrees to provide the services of Wraparound Facilitator 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 one hundred fifty-five thousand, three hundred forty-four dollars and no cents($155,344). 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 Mortal Health Contrail 1 Lena Pope CRP 08.04.03 PICIA ROD CITY 9RI--'aREARY FT. *15FOPTH, TEX. 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, 2004,unless terminated earlier as provided herein. City shall have the right to extend this Contract for up to four(4)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 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 thirty (30) 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. b. In the event no funds or insufficient funds are appropriated by the U.S. Department of Health and Human Services in any fiscal period for any payments due hereunder, City will notify Mental Health Contract 2 Lena Pope CRP 08.04.03 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. Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Contract,then the City will immediately notify Contractor of such occurrence and this Contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. Provided, however, that this section is not intended to grant to the City an independent ground for termination of this Contract separate and apart from any grounds for termination for non-appropriation or non- availability of funds which would be provided to City by reason of Tex. Const. Ann. Art. 11, Sec. 5 and 7. 6. 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 Mortal Health Contract 3 1,ma Pope CRP 08.04.03 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. 7. 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 recommended minimum should be no less than: $1,000,000 per occurrence $2,000,000 aggregate 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. Mortal Health Contract 4 Lena Pope CRP 08.04.03 C. General Requirements i. There shall be a wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. ii. 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. iii. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also have prior written approval from the City's Risk Manager. d. The City, at its sole discretion,reserves the right to review the insurance requirements and to make reasonable adjustments to the requirements 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. e. 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. f. 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. 8. Independent Contractor. Mental Heahh Contract 5 Lala Pope CRP 08.04.03 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. 9. Disclosure of Conflicts. Contractor warrants to the City 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. 10. 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 Mental Health Contract 6 Lena Pope CRP 08.04.03 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. 11. 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. 12. NMBE Goals; Nondiscrimination. a. A waiver of the goal for MAYBE subcontracting requirements was requested and approved by the M/WBE office for this Contract because the purchase of these services and subcontracting opportunities were negligible. 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. 13. Choice of Law; Venue. a. This Contract shall be construed in accordance with the internal law of the State of Texas. Mental Health Contract 7 Lana Pope CRP 08.04.03 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. 14. No Third-Party Beneficiaries. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not,in any form or manner,be considered a third party beneficiary ofthisContracts. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 15. No Joint Venture, Partnershia,Agency. This Contract will not be construed in any form or manner to establish a partnership,joint venture or agency, express or implied, nor any employer-employee, borrowed servant or joint enterprise relationship by and among the parties. The City shall be an independent contractor and shall be responsible at all times for directing its employees in the course of their duties. Contractor shall be responsible at all times for directing Customer's employees in the course of their duties. 16. Severability. The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. Mental Health Contract 8 Lama Pope CRP 08.04.03 EXECUTED on this, the day of 2003. LENA POPE HOME CITY OF FORT WORTH By: -re d, 8 I e o►n s ibby WiAon Title: 5-A e ,,ct,v e, D i recAm r' Assistant City Manager Approved as form CAM- . Assistant ity Attorney Attest• AC411 jae�� loria Pears City Secretary --nrraAuthorization t rA Mental Health Contract 9 Lana Pape CRP 08.04.03 ATTACHMENT 1 —"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, 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, which shall be on file with the Department of Public Health. 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. g. 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 three (3) separate review processes. Each of these are outlined below. Utilization Review Monthly group meetings (approximately 2 hrs. in length) to include: Mental Health Contract 10 Lena Pope CRP 08.04.03 • A Project Director • A Clinical Director • Wraparound Facilitators • Supervisors Facilitators will provide a brief verbal summary of activity with one to two families each month with feedback being provided by meeting participants. Participants shall be required to sign confidentiality agreements to be maintained by Community Solutions. Client confidentiality will be ensured by the assigning case numbers for tracking and refraining from using clients' names during verbal reports. 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 1 hr. in length) Monthly meetings will include: • A Clinical Director • Wraparound Facilitators • Supervisors A 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 shall 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 a. Activities that have been undertaken previous to the case review. b. Outcomes that have been achieved previous to the case review. Metal Health Contract 11 Lena Pape CRP 08.04.03 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 NIFIMR(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 5h of each month. Reports can be submitted via email to the Clinical Director or mailed. No faxed transmissions will be accepted. 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 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 of client involvement in service will be done by hand. Documentation of Service Mental Health Contract 12 Lama Pope CRP 08.04.03 All contracted agencies/organizations will be required to submit activity logs twice a month to the Clinical Director outlining 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. An activity form will be provided to contracted agencies/organizations. Completed logs can be submitted via fax at 817.871.6257 or by email at victoria.warren a fortworthgov.M. 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 September 2003 as scheduled by Community Solutions. Training topics include the Wraparound philosophy, documentation procedures, cultural competency, ethics, critical incident reporting and evaluation. 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. Referrals for Service Referrals for service will be accepted by the Site Coordinators with the FWISD Family Resource Centers and by the Tarrant County Community Resource Collaboration Group (CRCG). 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 Mental Health Contract 13 LHIa Pope CRP 08.04.03 CRCG staffing and their contact information will be retained by the Clinical Director who will then contact the appropriate contracted agency or organization to initiate services. That agency will then guide families through the intake process and begin work toward a comprehensive wraparound plan. Agencies will establish contact with referred families within 24 hours of receipt of referral. Mental Health Contract 14 LAma Pope CRP 08.04.03 City of Fort Worth, Texas "Invor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/7/03 P-9833 13P03-0139 1 of 2 SUBJECT PURCHASE AGREEMENTS FOR WRAPAROUND FACILITATORS FOR THE PUBLIC HEALTH DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize purchase agreements with the following vendors to provide wraparound facilitators for emotionally disturbed children residing in the City of Fort Worth, for the Public Health Department; and 2. Authorize the agreements to begin September 1, 2003, and expire September 30, 2004, with options to renew for four one-year periods. DISCUSSION: The Fort Worth Public Health Department, Community Solutions Division, entered into a 6-year cooperative agreement with the Substance Abuse and Mental Health Services Administration (SAMHSA) to facilitate the creation of an integrated, sustainable system of care for severely emotionally disturbed children residing in the City of Fort Worth. An integral piece of the process includes the implementation of the wraparound philosophy within the community. Wraparound is a strengths-based, family-driven approach to working with families. To prepare for implementation of the wraparound philosophy, the Community Solutions Division procured a curriculum for health and human services professionals, providing step-by-step instruction on how to use the model effectively in working with families. The Community Solutions Division intends to contract with the following qualified agencies to serve as wraparound facilitators for local families. They aim to serve 80 children and their families during the first year of implementation. A Request For Proposal (RFP) process resulted in evaluation and interview of the eight firms who responded. The following firms are being recommended with the estimated annual expenditure shown for each firm. A complete proposal matrix is attached. Firm Full Time Equivalent Budgeted Amount Lena Pope Home 2 $155,344 All Church Home 2 $135,437 Catholic Charities 2 $117,604 The Parenting Center 1 $ 73,045 $ 51,834 MHMR 1 Total $533,264 City of Fort Worth, Texas 4velgor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/7/03 P-9833 I 13P03-0139 2 of 2 SUBJECT PURCHASE AGREEMENTS FOR WRAPAROUND FACILITATORS FOR THE PUBLIC HEALTH DEPARTMENT RENEWAL OPTIONS - This agreement may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City Council approval 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 11 and 18, 2003. Fifteen vendors were contacted and eight responses were received. PROPOSAL MATRIX - See attached. M/WBE - A waiver of the goal for MM/BE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current budget, as appropriated, of the Grants Fund. RZ:k BQN/03-0139/ML Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Richard Zavala(Act.....g) 6183 Originating Department Head: APPROVED 8/7/03 Jim Keyes 8517 (from) Additional Information Contact: Robert Combs 8357