HomeMy WebLinkAboutContract 31950 CITY SECRETARY
TF A T NO. ��195C
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant and Denton Counties, Texas, acting as administrator for the Child Mental Health Initiative
Co-operative (CMHI) Agreement for the Mental Health Connection of Tarrant County (MHC),
hereinafter called"City",by and through its duly authorized Assistant City Manager, Joe Paniagua
and the Mental Health Mental Retardation of Tarrant County,an agency doing business in Texas,by
and through Jl tc S ez 4 r rte4—, its duly authorized
C. O. 00 hereinafter called"Consultant".
1. Scope of Services.
In accordance with the highest professional standards,Consultant agrees to provide the services
of in-home skills training for the City's Wraparound program administered through CMHI. The
specifics of such services are listed in Attachment 1—"Scope of Work", attached hereafter and
incorporated into this Contract hereby. Consultant 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 consultant for all services performed hereunder shall not exceed
two hundred ten thousand dollars (5210,000)for the term of the Contract,hereinafter"Consultant's
Fee", and shall include any and all expenses incurred by Consultant. Consultant shall submit a
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quarterly bill ten(10)days after each quarter to the City detailing Consultant's time and expenses for
payment.
b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project as described in the Grant from the U.S.Department of Health and
Human Services for this Child Mental Health Initiative Co-operative Agreement 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.
C. Consultant agrees that it will not seek additional compensation from the City beyond that
which was explicitly approved and received for by the Grant.
3. Term.
The term of this Contract shall commence upon date of full execution by City and Consultant
and shall terminate on September 29,2006,unless terminated earlier as provided herein. City shall
have the right to extend this Contract for up to three (3) 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 notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately 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
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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 Consultant documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated by City or by the U.S.
Department of Health and Human Services in any fiscal period for any payments due hereunder,City
will notify Consultant 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 Consultant that,concurrently with approval of this Contract,
City intends to appropriate one hundred percent(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,Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
5. Indemnification.
CONSULTANT 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 PERSONAL INJURIES, INCLUDING
DEATH,TO ANY PERSON,INCLUDING BUT NOT LIMITED TO OFFICERS,AGENTS
OR EMPLOYEES OF CONSULTANT OR SUBCONTRACTORS, WHICH MAY ARISE
OUT OF ANY ACT, ERROR OR OMISSION IN THE PERFORMANCE OF
CONSULTANT'S PROFESSIONAL SERVICES. CONSULTANT 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
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AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING
FROM SUCH ACT, ERROR OR OMISSION.
6. Insurance.
a. Consultants shall not commence work under this Contract until it has obtained all
insurance required under this section and as required by the City's Risk Manager 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. Workers' Compensation Insurance. Consultant shall take out and maintain during the life
of this Contract statutory Workers'Compensation Insurance for all of its employees performing any
of the services hereunder,and,in case any work is sublet,Consultant shall require the subcontractor
similarly to provide Workers'Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by Contractor's insurance. In case any class of
employee who engages in hazardous work under this Contract is not protected under the Workers'
Compensation statute, Consultant shall provide and shall cause each subcontractor to provide
adequate and suitable insurance for the protection of employees not otherwise protected.
C. Automobile Liability Insurance-Consultant shall take out and maintain during the life of
this Contract such Automobile Liability Insurance to include One Million Dollars($1,000,000)each
accident on a combined single limit or Two Hundred Fifty Thousand Dollars ($250,000)property
damage and Five Hundred Thousand Dollars ($500,000)bodily injury per person,per occurrence,
whether vehicle is owned, leased, or hired.
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d. Professional Liability Insurance-Consultant shall take out and maintain during the life of
this Contract such Professional Liability Insurance to include One Millions Dollars($1,000,000)per
occurrence,and Two Million Dollars($2,000,000)aggregate. Professional liability shall be written
on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the
first date of services to be performed,whichever is earlier. Coverage shall be maintained for a period
of three (3) years following the completion of the contract. An annual certificate of insurance
specifically referencing this contract shall be submitted to the City for each year following
completion of the contract. Under no circumstances shall a"claims-made and reported policy or
provision". be acceptable to the City.
e. Proof of Insurance Coverage- Consultant 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.
Consultant shall perform all work and services hereunder as an independent contractor and not as
an officer, agent or employee of the City. Consultant 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 pursuant to the terms and objectives of the Grant.Nothing herein shall be construed
as creating a partnership or joint venture between the City and the Consultant, its officers, agents,
employees and subcontractors; and the doctrine of respondeat superior shall have no application as
between the City and the Consultant.
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8. Disclosure of Conflicts.
Consultant 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.
Consultant 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.
Consultant 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 Consultant involving transactions relating to this Contract. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
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 Consultant reasonable advance
notice of intended audits.
Consultant 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.
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10. Prohibition of Assignment.
Neither parry hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other parry, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. M/WBE Goals; Nondiscrimination.
a. The Director of the Department of Public Health hereby certifies that a waiver of the goal
for M/WBE 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, Consultant covenants that it will take all necessary
actions to insure that,in connection with any work under this Contract,Consultant,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 laws 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.
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13. No Third-Party Beneficiaries.
This Contract 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 of this Contract.
Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
14. 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.
15. 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.
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Signature Page for In-Home Skills Training with MHMR:
EXECUTED on this, the day of- , 20_
CITY F F ORTH
.43y Joe a
Title 6-0/0, Assi tant City anager
Attest:
Witness: Marty Hendri
City Secretary
r
Approved as form and legality
Y:
Assistant City Attorney
C roc _..
Contract Au horization
i
Date
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Attachment#1 —Scope of Work
Contractor will perform the following duties:
1. Mental Health Mental Retardation of Tarrant County("NffiMRTC") shall provide Mental
Health Rehabilitative Services as defined below.
2. Where applicable MhIMRTC shall bill Medicaid or other insurance for services rendered
and the City of Fort Worth will provide the appropriate match of funds.
3. MHMRTC must select clients receiving Wraparound services from a Community
Solutions contracted agency.
4. Medicaid eligibility or eligibility of the client for MHMRTC services shall not be a
deciding factor for the client to receive services
5. All services will be coordinated with the client family's Wraparound team.
6. Services will be family driven, strength based, and culturally competent.
7. M11MRTC will provide detailed invoice for payment on a monthly basis. The invoice
will include at least the following:
a. Dates services provided;
b. Number of hours of services provided;
c. Name of client; and
d. Unit cost of services.
8. The following rates will be charged to the City of Fort Worth:
a. $23.04 per 15 minutes for a service not billed to Medicaid; and
b. $9.02 per 15 minutes for a service billed to Medicaid.
Mental Health Rehabilitative Services shall be defined as follows: -- (reference 25 TAC §
419.451)
Mental Health Rehabilitative Services are provided in a one-on-one modality Mental Health
Rehabilitative Services provided in response to a crisis or an episode of acute psychiatric
symptoms must be provided one-on-one and not in a small group. Consumers must be present,
awake, and participating during the delivery of services. Mental Health Rehabilitative Services
are provided by QMHP-CS either on site or in the community including in the home of the
family. Services include assessment by professional staff and training provided by professional
staff. Treatment and training objectives and skills attainment are monitored for effectiveness and
modified as needed. Service Components provided under this definition include:
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PLY.
i). Crisis Intervention Services Crisis intervention services are interventions
provided in response to a crisis in order to reduce symptoms of severe and persistent mental
illness or serious emotional disturbance and to prevent admission of an individual to a more
restrictive environment. Crisis related services must be provided by a QMHP-CS. Crisis
intervention services include:
(1) an assessment of dangerousness of the individual to self or others;
(2) the coordination of emergency care services in accordance with
§412.314; (3) behavior skills training to assist the individual in
reducing stress and managing symptoms;
(4)problem-solving;
(5) reality orientation to help the individual identify and manage their
symptoms of mental illness; and
(6)providing guidance and structure to the individual in adapting to and
coping with stressors.
ii). Medication Training and Support Services. Medication related services must
be provided by a licensed medical personnel. Medication training and support services are
training based on curricula promulgated by the department to assist an individual in:
(1)understanding the nature of an adult's severe and persistent mental
illness or a child or adolescent's serious emotional disturbance;
(2) understanding the role of the individual's prescribed medications in
reducing symptoms and increasing or maintaining the individual's functioning;
(3) identifying and managing the individual's symptoms and potential
side-effects of the individual's medication;
(4) learning the contraindications of the individual's medication;
(5)understanding the overdose precautions of the individual's medication;
and
(6) learning self-administration of the individual's medication.
Services must be provided by; a QMHP-CS; a CSSP; or a peer provider.
Psychosocial rehabilitation services consist of the following component services:
(1) independent living services;
(2) coordination services;
(3) employment related services;
(4) housing related services;
(5) medication related services; and
(6) crisis related services
v). Skills Training and Development Services.
(1) Skills training and development services is training provided to an
individual or the LAR or primary caregiver of a child or adolescent. Such training:
(A) addresses severe and persistent mental illness or serious
emotional disturbance and symptom-related problems that interfere with the individual's
functioning and living, working, and learning environment;
(B)provides opportunities for the individual to acquire and
improve skills needed to function as appropriately and independently as possible in the
community; and,
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(C) facilitates the individual's community integration and increases
his or her community tenure.
(2) Skills training and development services include teaching an individual
the following skills:
(A) skills for managing daily responsibilities (e.g. paying bills,
attending school and performing chores);
(B) communication skills (e.g., effective communication and
recognizing or change problematic communication styles);
(C) pro-social skills (e.g., replacing problematic behaviors with
behaviors that are socially acceptable);
(D)problem-solving skills;
(E) assertiveness skills (e.g., resisting peer pressure, replacing
aggressive behaviors with assertive behaviors, and expressing one's own opinion acceptably);
(F) social skills (e.g., selection of appropriate friends and health
activities);
(G) stress reduction techniques (e.g., progressive muscle
relaxation, deep breathing exercises, guided imagery, and selected visualization);
(H) anger management skills (e.g., identification of antecedents to
anger, calming down, stopping and thinking before acting, handling criticism, avoiding and
disengaging from explosive situations);
(J) skills to manage the symptoms of mental illness and to
recognize and modify unreasonable beliefs, thoughts and expectations;
(J)skills to identify and utilize community resources and informal
supports;
(K) skills to identify and utilize acceptable leisure time activities
(e.g., identifying pleasurable leisure time activities that will foster acceptable behavior); and,
(L)independent living skills (e.g., money management, accessing
and using transportation, grocery shopping, maintaining housing, maintaining a job, and decision
making).
(3) Skills training and development services include training an LAR or
primary caregiver to assist the child or adolescent in learning the skills described in paragraph(2)
of this subsection.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/24/2005
DATE: Thursday, March 24, 2005
LOG NAME: 501N-HOME SERV REFERENCE NO.: **C-20608
SUBJECT:
Authorization to Execute a Professional Service Contract to Provide In-Home Services by a Grant
from the U. S. Department of Health and Human Services for a Child Mental Health Initiative Co-
operative Agreement
RECOMMENDATION:
It is recommended that the City Council authorize a contract with Mental Health Mental Retardation of
Tarrant County (MHMR) to provide in-home, evidence based skills training for emotionally disturbed
children and their families for the amount of $210,000 to begin April 1, 2005 and expire September 29,
2006. A portion of the funding of this contract, September 30, 2005 through September 29, 2006, will be
contingent on the city's receipt of funding from the FY2006 grant from the U. S. Department of Health and
Human Services.
DISCUSSION:
The goal for the Child Mental Health Initiative (CMHI), "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. This will be an individualized, child-centered, family driven
service system. Currently in the City of Fort Worth, in-home skills training is in very short supply. This key
component is also a required service under the cooperative agreement with CMHI.
The skills training are targeted for children and adolescents and their caregivers with externalizing
disorders. The focus of the intervention is on psychosocial skill development in the child and enhancement
of parenting skills, especially in child behavior management. The goal of services is to reduce or stabilize
symptoms, decrease functional impairment or prevent deterioration of the child's condition. Skills training
are intended to be short-term and time limited. City staff providing skills training have at least a Bachelor's
degree in the Human Services field with at least one year of experience.
MHMR of Tarrant County is a sole source provider under the Texas Administrative Code for Medicaid
Mental Health Rehabilitative Services, Chapter 419, Subchapter L 419.466 Medicaid Provider Participation
requirements.
Funds for this contract are provided by the grant from the U.S. Department of Health and Human Services,
which was approved by the City Council on April 23, 2002 (M&C C-19063).
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are in the current operating budget, as appropriated, of the Grants
Fund.
Logname: 50IN-HOME SERV Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 050416783010 $210,000.00
Submitted for City Manager's Office by.
Joe Paniagua (6140)
Originating Department Head: Daniel Reimer(7201)
Additional Information Contact: Sherwin Daryani (8568)
Logname: 50IN-HOME SERV Page 2 of 2