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HomeMy WebLinkAboutResolution - 5430 - Agreement - Vertex Targeted Opportunities Inc - Professional Services - 02_27_1997RESOLUTION NO. 5430 Item #22 February'27, 1997 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement for Professional Services by and between the City of Lubbock and Vertex Targeted Opportunities, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of FPbxuar�r '1997. ATTEST: Kaythid Darnell, City Secretary APPROVED AS TO CONTENT: r �� rcaqj�� Doug G&Mo, ,Managing Director of HealCommunity Services APPROVED AS TO FORM: a nald G. Vandiver, First Assistant City Attorney da/ccdocs/vertex.res February 17, 1997 n A RESOLUTION NO 5430 Item #22 �"�`�` February 27, 1997 AGREEMENT FOR PROFESSIONAL SERVICES between VERTEX TARGETED OPPORTUNITIES, INC. and CITY OF LUBBOCK, TEXAS This Agreement is entered into by and between the City of Lubbock (Health Department), Texas (hereinafter referred to as the "City ") and Vertex Targeted Opportunities, Inc. (hereinafter referred to as "VERTEX'), located at 9901 E. Valley Ranch Pkwy, Suite 2020, Irving, Texas 75063. WITNESSETH WHEREAS, many of the services provided by the City to its residents are funded directly by local and state funds when, in fact, many of those services are eligible for Federal Financial Participation (FFP); and WHEREAS, VERTEX is willing and able to provide professional assistance to the City in securing appropriate FFP; NOW, THEREFORE, for and in consideration of the mutual covenants and promises recorded herein, the parties hereto agree as follows. ARTICLE I RESPONSIBILITIES OF VERTEX VERTEX agrees to perform the following two services: 1. Complete quarterly Medicaid Administrative Claims for the City. 2. Review generally the policies and procedures used by the City in order to identify any additional Federal and other revenues sources that could be captured or enhanced by the City and to work with the City to secure those additional revenues. In accomplishing this service VERTEX will perform the following steps: a. meet with City officials who represent the programs as agreed to by the City and VERTEX; A.AVr OCICON OC aewem 12J9196 Cop,tie,t 1996 VERIFY SOD-576-3516 2 VERTEX b. distinguish Federal reimbursements that are currently being received in order to distinguish these from VERTEX identified opportunities; c. assist the City in its efforts to recover additional federal and other revenues that are due to the City, as they are identified by VERTEX; and d. assist the City in negotiations with State and Federal agencies to ensure that the additional revenues identified by VERTEX are received by the City. ARTICLE II RESPONSIBILITIES OF THE CITY The City agrees to complete the following activities: 1. Designate a contract monitor who shall: A. be the person responsible for monitoring VERTEX's performance under the terms and conditions of this agreement; and B. authorize payment for services rendered based upon properly submitted invoices to the City in accordance with Article VI of this agreement (i.e. Compensation). 2. Provide VERTEX with on -site facilities for VERTEX's staff assigned to work with the City . 3. Provide VERTEX with copies of or access to documents that are necessary for the successful completion of work required by this agreement. 4. Work closely with VERTEX to insure the timely implementation of recommendations by VERTEX that will increase revenues to the City. ARTICLE III NOTIFICATION Any notice, specifications, reports, or other written communications from VERTEX to the City shall be considered delivered when posted by certified mail. Any notice, delivered by certified mail to VERTEX at the address on the first paragraph of this Agreement shall be considered delivered when posted. A.'%VTO=NDOC Aevt" IVW% Capyri& 19% VERTEX WG-37&3118 3 VERTEX Agxmem ARTICLE IV EFFECTIVE TERM The effective term of this Agreement shall be for a one (1) year period beginning with the date of this contract. Provided, however, that either party may cancel this Agreement by giving thirty (30) day's written notice prior to the beginning of any federal fiscal quarter. Upon receipt of such notice, VERTEX shall complete the Medicaid Administrative Claim for that quarter. VERTEX shall be compensated for this final Medicaid Administrative Chaim in accordance with Article VI. In the event of such termination, VERTEX shall deliver to the City all finished and unfinished workpapers (e.g. documents, data, studies, reports, or other such items) prepared by VERTEX in connection with this agreement. ARTICLE V RENEWAL Upon conclusion, this Agreement will automatically be renewed on year -by -year basis, for three (3) additional one (1) year terms, under the same terms and conditions as set forth herein, unless written notice is given at least thirty (30) days prior to the expiration of this Agreement. ARTICLE VI COMPENSATION The parties agree as follows: 1. The intent of this agreement is to compensate VERTEX only for new revenues received by the City that are expressly determined to be a result of VERTEX's efforts. The parties agree that VERTEX will be compensated for new or enhanced revenue sources that directly result from VERTEX's activities at the following rate: • Twenty two percent (22%) of all revenue actually received (prospectively and retroactively) by the City as a direct result of the work VERTEX completes for the City. 2. It is recognized by both parties that there may be delays in reimbursement to the City by the State and Federal governments. VERTEX will be reimbursed within three weeks after funds are actually received by the City and an accurate invoice is delivered to the City by VERTEX, even if those receipts occur beyond the term of contract. 3. VERTEX agrees that should any funds recovered by the City as a result of this agreement be subsequently disallowed, any related fees paid to VERTEX based on such disallowed reimbursements will be credited against future payments to VERTEX, or be promptly repaid to the City should this agreement be terminated. AIVTOCICON.DOC Revised i7/91% Copyright 1996 VERTEX gNOd76-35 is 4 VERTEX Agamem 4. VERTEX has the right to review the City 's claims, grant awards, and such books, records, and other documents as may be required to ensure that the payment of VERTEX's fees is in accordance with this Agreement. 5. VERTEX covenants and agrees to pay and be solely responsible for all its own staff and out- of-pocket expenses that it incurs in providing services hereunder. ARTICLE VIII REPORTS VERTEX shall furnish the City with qaurterly reports on the effectiveness of VERTEX's engagement. A final report shall be made forty-five (45) days after the termination of this agreement. ARTICLE IX CONFIDENTIALITY The City and VERTEX mutually agree that the confidentiality of the information obtained by VERTEX shall be strictly observed, in so far as permitted by law, including the Texas Public Information Act (Chapter 552, Government Code) in any reporting, auditing, invoicing and evaluation, provided however, that this provision shall be construed as a standard of conduct and not a limitation upon the right to conduct the foregoing activities. ARTICLE X SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XI PARAGRAPH HEADINGS The paragraph headings appearing herein shall not be deemed to govern, limit modify, or in any manner, affect the scope, meaning, or intent of the provisions of the Agreement. No representation or warranties shall be binding upon either party unless expressed in writing herein. ARTICLE XII DUE AUTHORIZATION The City represents that all necessary approvals for the execution hereof have been obtained and that the person executing this agreement on behalf of the City is authorized to execute this Agreement as the binding act of the City. A.11V7'(X900 MX Reel" 1"1% c4rf m 19% VQt1EX 100.57&3511 VER7PJC eg«mml ARTICLE XIII CONTRACT AMENDMENTS The scope of services and related compensation of this Agreement may only be modified with the written consent of both parties. ARTICLE XIV NONDISCRIMINATION PROVISIONS VERTEX shall observe the provisions of the Texas acts against discrimination and shall not discriminate against any person in the performance of work under this agreement because of race, religion, color, sex, disability, national origin or ancestry. IN WITNESS WHEREOF, the City of Lubbock and VERTEX have executed this Agreement as of the date written below. EXECUTED THIS 27th DAY OF February , I= 1997 City of Lubbock, Texas A� WINDY SITTON Mayor ATTEST: /W�� &-Ij� Ka a Parnell City S retary APPROVED AS TO CONTENT: Doug G an Managing Director of Health and Community Services Donald G. Vandiver First Assistant City Attorney KA OCICONDOC Copyright 1996 VERM $00-576-3519 VERTEX: Alexander N. Brewer Executive 5