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HomeMy WebLinkAboutResolution - 2022-R0031 - Contact 16179 with Daily Recovery Services AmarilloResolution No. 2022-R0031 Item No. 7.26 January 11, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 16179, as per RFP 22-16179-MA, for Youth Treatment (TRY) Substance Use Prevention Services, by and between the City of Lubbock and Dailey Recovery Services of Amarillo, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 11, 2022 1,1voe DANIEL M. POPE, MAYOR ATTEST: - A" 621- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: rr Bill Ho} idn, Deputy C APPROVED AS TO FORM: R34nr oke, A sistant City Attorney RES.Contract No. 16179 Dailey Recovery Services 12.23.21 Resolution No. 2022-R0031 Contract 16179 City of Lubbock, TX Youth Treatment (TRY) Substance Use Prevention Services Agreement This Service Agreement (this "Agreement") is entered into as of the 11 tlhay of January 202_2 ("Effective Date") by and between Dailey Recovery Services (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 22-16179-MA Youth Treatment (TRY) Substance Use Prevention Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Youth Treatment (TRY) Substance Use Prevention Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A - General Requirements 3. Exhibit B - Service Types and Unit Rates 4. Exhibit C - Business Associate Agreement 5. Exhibit D -Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, C, and D, attached hereto. Article 1 1.1 The contract shall be for a term of one year, with the option of three, one-year extensions, said date of term beginning upon formal approval. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non- compliance. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. 1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this do. 2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract Insurance requirements document, this provision shall control. 2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 2.13 Section 2270.002, Government Code, (a) This section applies only to a contract that: (1) Is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 2.14 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. -----INTENTIONALLY LEFT BLANK----- IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK CONTRACTOR BY: �, � 1 Daniel M. Pope, Mayor ATTES Rebecca Garza, City Secret APP D TO CONTENT: Katherine Wells, Director of Health APPROVED AS TO FORM Ryan B oke As anCity Attorney Dailey Recovery Services Print Name �A�] �J Address �Ai�uua City, State, Zip Code Exhibit A BACKGROUND GENERAL REQUIREMENTS The City of Lubbock Health Department is establishing a new network of substance use disorder treatment providers. Providers in the network will serve individuals with qualifying substance use disorders who have been screened and approved for services by health department staff. The goal of this network is to establish a diverse group of substance use disorder treatment options to meet the individual needs of those entering treatment. This network is funded through the Substance Use Prevention Service grants from the Texas Department of Health and Human Services. 1 INTENT The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms or individuals, (hereinafter called "Proposer") to provide qualified providers to join the network. Eligible providers must meet the state minimum requirements to participate in this program. Preference with be given to providers who can exceed the requirements. Network providersmust accept the state unit rate as payment in full. At this time additional funds are not available to supplement the state rate, however, individuals receiving service through the network will be assigned a case manager to monitor progress, address treatment barriers andassist with discharge planning to help improve short and long term success rates. a) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. b) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2 LEVELS OF CARE/SERVICE TYPES A. OUTPATIENT TREATMENT SERVICES(ASAM Level 1 Outpatient Services) Contractor shall: 1. Adhere to TAC requirements and SUD UM Guidelines for outpatient treatmentservices. 2. Adhere with all applicable rules in the TAC Additional Requirements for AdolescentPrograms. 3. Document in CMBHS a discharge follow-up sixty (60) calendar days after dischargefrom the outpatient treatment services. B. SUPPORTIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.1 Clinically Managed Low -Intensity Residential Services) Contractor shall: 1. Adhere to TAC applicable supportive residential services requirements. 2. Adhere to SUD UM Guidelines for residential services. 3. Adhere with all applicable rules in the TAC Additional Requirements for AdolescentPrograms. 4. Document a discharge follow-up sixty (60) calendar day after discharge from the residential treatment services in CMBHS. 5. Facilitate regular communication between an adolescent client and the client's family and shall not arbitrarily restrict any communications without clear individualized clinicaljustification documented in the client record. 6. Develop and implement written Policy and Procedures addressing notification ofparents or guardians in the event an adolescent leaves a residential Program withoutauthorization and have available for System Agency review. 7. For pregnant and parenting clients, Contractor shall address the needs of parents onthe treatment plan either directly or through referral including but not limited to the following: a) Gender -specific parenting education; b) Reproductive health education and pregnancy planning; c) DFPS coordination; d) Family violence and safety; e) Fetal and child development; 0 Current infant and child safety guidelines; g) Financial resource needs; and h) And any other needs of the Client's children. C. INTENSIVE RESIDENTIAL TREATMENT SERVICES (ASAM Level 3.5 Clinically Managed High -Intensity Residential Services) Contractor shall: a) Adhere to TAC applicable intensive residential services requirements. b) Adhere to SUD UM Guidelines for residential services. c) Adhere with all applicable rules in the TAC Additional Requirements for Adolescent Programs. d) Document a discharge follow-up sixty (60) calendar days after discharge from the residential treatment services in CMBHS. e) Facilitate regular communication between an adolescent Client and the Client's family and shall not arbitrarily restrict any communications without clear individualized clinical justification documented in the Client record. f) Develop and implement written Policy and Procedures addressing notification of parents or guardians in the event an adolescent leaves a residential Program without authorization and have available for System Agency review. g) For pregnant and parenting Clients, Contractor shall address the needs of parents on the treatment plan either directly or through referral including but not limited to the following: h) Gender -specific parenting education; i) Reproductive health education and pregnancy planning; j) DFPS coordination; k) Family violence and safety; 1) Fetal and child development; m) Current infant and child safety guidelines; n) Financial resource needs; and i) And any other needs of the Client's children. Exhibit B TARGET POPULATION Youth Texas residents who meet Client Eligibility for System Agency -funded substance use disorder services as stated in the System Agency's Substance Use Disorder (SUD) Utilization Management (UM) Guidelines. Service Type Capacity Unit Rate Youth Outpatient Individual 3 $60.69 EXHIBIT C This Business BUSINESS ASSOCIATE AGREEMENT Associate Agreement (the "Agreement"), is entered into by and between the City of Lubbock "Covered Entity") Dailey Recovery Services. (the "Business Associate"), (each a collectively the "Parties"). effective ("City" or "Party" and Business Associate is a provider of City of Lubbock for Youth Treatment (TRY) Substance Use Prevention Services (the "Services"), and the Covered Entity is a political subdivision of the State of Texas. The Parties have an agreement (the "Master Agreement") under which the Business Associate regularly uses and/or discloses Protected Health Information in its performance of the Services described. Both Parties are committed to complying with the Standards for Privacy of Individually Identifiable Health Information under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). This Agreement sets forth the terms and conditions, pursuant to which the Protected Health Information, that is provided, created, or received by the Business Associate, from or on behalf of the Covered Entity, will be handled between the Business Associate and the Covered Entity, and further with third parties during the term of the Master Agreement and after its termination. The Parties agree as follows: Covered Entity will make available to Business Associate certain information (e.g., medical records, patient information that is confidential and must be afforded special treatment and protection) in connection with Services provided by Business Associate to Covered Entity pursuant to the Master Agreement. Business Associate will have access to and/or receive from Covered Entity certain Information that can be used or disclosed only in accordance with this Agreement, the Master Agreement and the Department of Health and Human Service Privacy Regulations. Covered Entity and Business Associate agree as follows: Business Associate shall not use or disclose Protected Health Information except as provided in this Agreement, the Master Agreement or required by law. A) The City of Lubbock agrees to provide Business Associate with a list of employees who are authorized to request retrieval of government documents. The City of Lubbock will be responsible for ensuring the fax machine is in a secured area for the receipt of confidential information. B) The City of Lubbock will fax to Business Associate a written, signed, and dated release of information request to Business Associate at: (806) 723- 6256. Business Associate will verify the name of the requestor and the incoming fax number prior to retrieving the requested document(s). Business Associate will verbally contact the original requestor prior to faxing or physically returning the documents and confirm request, verify documents, fax number and/or ship to address. C) Business Associate will return requested documents per City of Lubbock instructions. Fax requested returns will be to the authorized requestor's attention at (806)775-2164. Physical return of documents will be to the Business Associate Agreement — City of Lubbock Page 1 of 3 authorized requestor's attention at: The City of Lubbock, Citizens Tower, 1314 Avenue K, 9tb Floor, Lubbock, TX 79401 D) Business Associate will document method of return and original written authorization of release. Business Associate will maintain all release information for a period of six (6) years. 2. Business Associate shall implement and maintain appropriate safeguards to prevent the use or disclosure of Protected Health Information other than as provided herein. 3. Business Associate shall report to Covered Entity any use or disclosure of Protected Health Information in violation of this Agreement or the Master Agreement in which Business Associate becomes aware. 4. Business Associate agrees that anytime information is provided to or made available to any subcontractors or agents, Business Associate shall enter into a subcontract with the subcontractor or agent that contains the same terms, conditions and restrictions on the use and disclosure of information as contained in this Contract. 5. Business Associate shall make Protected Health Information available throuih and upon written request of the Covered Entity, to the individual subjects of such information. 6. Business Associate shall incorporate into this Agreement any amendments or corrections to Protected Health Information when notified by Covered Entity. 7. Business Associate shall provide for an accounting of uses and disclosures of Protected Health Information as requested by Covered Entity. 8. Business Associate shall make its internal practices, books and records relating to the use and disclosure of Protected Health Information available to the Secretary of the Department of Health and Human Services (HHS) as necessary for purposes of determining Covered Entity's compliance with the HIPAA Privacy Rule. 9. At termination of this Agreement Business Associate agrees to return or destroy all information received from, or created or received by Business Associate on behalf of Covered Entity. Business Associate agrees not to retain any copies of the information after termination of this contract. If return or destruction of the information is not feasible, Business Associate agrees to extend the protections of this Agreement for as long as necessary to protect the information after the termination of this Contract. 10. Covered Entity may terminate this agreement if it determines that Business Associate has violated a material term of this agreement after first providing written notice of such breach to Business Associate. Business Associate will then Business Associate Agreement —City of Lubbock Page 2 of 3 have seventy-two (72) hours to rectify said breach and notify Covered Entity of the resolution. 11. If termination of the contract is not feasible, then Covered Entity must report this violation to the Secretary of HHS. 12. The information shall be and remain the property of Covered Entity. Business Associate agrees that it acquirgs no title ,or'rjghts to the information, including any de -identified information, as a result of this Contract. In witness whereof, Business Associate and City have caused this Contract to be signed and delivered by their duly authorized representatives, as of the date set forth above. The City u o Contractor &&�t By: By- &) UJ Print Name: Katherine Wells Print Name: Title: Director of Health Title:lw Business Associate Agreement — City of Lubbock Page 3 of 3 Exhibit D City of Lubbock, TX Purchasing & Contract Management INSURANCE COVERAGE REQUIRED TYPE OF INSURANCE GENERAL LIABILITY H Commercial General Liability ❑ Claims Made ❑ Other ❑ W/Heavy Equipment 0 Occurrence ❑ XCU ❑ To Include Products of Complete Operation Endorsements ❑ PROFESSIONAL LIABILITY ❑ Occurrence ❑ or Technical Errors and Omissions ❑ CYBER LIABILITY ❑ Occurrence OTHER: x❑ Medical Malpractice ❑■ Occurrence AUTOMOTIVE LIABILITY El Any Auto ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -Owned Autos EXCESS LIABILITY COMBINED SINGLE LIMIT General Aggregate 1•0w.wo Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) X General Aggregate General Aggregate Combined Single Limit 1,000,000 General Aggregate 3 00.= Per Occurrence ' ,r Aggregate ❑ Umbrella Form Each Occurrence Aggregate GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident ❑ Other than Auto Only: Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO ❑■ WORKERS COMPENSATION or OCCUPATONAL MEDICAL AND DISABILITY 500.000 ❑■ EMPLOYERS' LIABILITY +.0w.ow OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ❑� City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ❑� To include Products and Completed Operations Endorsements ❑ Waiver of subrogation in favor of the City of Lubbock on all coverages ❑ No insurance required. Comments: