HomeMy WebLinkAboutContract 29033 U-3-25-03 Al "1 :45 IN
08-7 '-03 P ; i ,
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON
CITY SECRETARYGO
CONTRACT NO, l
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 Catholic Charities Diocese of Fort Worth Inc., an agency doing business in Texas, hereinafter
called "Contractor", acting herein by and through Karen Spicer , its duly
authorized RXPC7 7 t iye Dim .ter
1. Scope 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 CMI-11 Agreement.
2. Compensation.
a. The amount to be paid to Contractor for all services performed hereunder shall be one
hundred seventeen thousand, six hundred four dollars and no cents ($117,604).
b. It is understood that this Contract contemplates the provision of full and complete
contractual services for this project,including any and all necessary ch
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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
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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 Fundine 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
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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.
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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 parry 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.
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8. 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.
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. Richt 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.
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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.
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. M/WBE Goals, Nondiscrimination.
a. A waiver of the goal for M/WBE subcontracting requirements was requested and
approved by the NV"E 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.
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13. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the State of Texas.
b. Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this contract, venue for said action shall be in Tarrant County, Texas.
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, Partnership,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. Severabilitv.
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.
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EXECUTED on this, the 8thday of August , 2003.
CATHOLIC CHARITIES CITY OF FORT WORTH
n- y
y= Karen Spicer Libby Watson
"
Title: Executive Director Assistant City Manager
Approved as form
ojvlj OD R .
Assistant ity Attorney
A;1onria
Pea
City Secret
- P-N13
Contract Authorization
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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:
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• 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.
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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 MI-IMR(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 5`h 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
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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.warrengfortworth og v org.
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
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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.
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City of Fort Worth, Texas
41DO1.4or And Council communication
DATE REFERENCE NUMBER I 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
MHMR 1 51,834
Total $533,264
City of Fort Worth, Texas
4Vagor and Council Communication
_T_
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.
MMBE - A waiver of the goal for M/WBE 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(Acting) 6183
Originating Department Head:
APPROVED 8/7/03
Jim Keyes 8517 (from)
Additional Information Contact:
Robert Combs 8357