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HomeMy WebLinkAboutResolution - 2012-R0017 - Contract - Covenant Health Systems - Citibus ADA Paratransit Client Assesments - 01_12_2012Resolution No. 2012—R0017 January 12, 2012 Item No. 5.19 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. 10281 for Citibus ADA Paratransit Client Assessments, by and between the City of Lubbock and Covenant Health Systems DBA Covenant Rehab Centers, 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 12, 2012 cry� h4Z� TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secret APPROVED AS TO CONTENT: Whi ssistant City Manager APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Cootract-Covenant Rehab Centers December 21, 2011 Resolution No. 2012-R0017 CONTRACT 10281 City of Lubbock, TX Service Agreement Citibus ADA Paratransit Client Assessments RFP 12-10281-DT This Service Agreement (this "Agreement") is entered into as of the 12th day of, January 2012 , ("Effective Date") by and between Covenant health Systems dba Covenant Rehab Centers (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 12-10281-DT for Citibus ADA Paratransit Client Assessments. 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 Citibus ADA Paratransit Client Assessments 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 — Cost of Services 3. Exhibit B Statement of Work 4. Exhibit C — Insurance Article 1 Services 1.1 Contractor agrees to perform those services for the City that are specified on Exhibit B (the "Services") and attached hereto. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. Nonappropriation clause. 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 nonappropriation 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 thirty (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. Page t of 8 Q:Purchase/laid Docs/1240261-DT/Contract RFP 12-10281-DT. Citibus ADA Puatransit Client Assessments E& 3 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 thirty (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. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX Tom Martin, Mayor ATTEST Reb ca Gana, City ecretar�) CONTRACTOR /rw r�J�l�taa�t Print 14ame rc)a Title Qf mohawBid Docmneuts/12-10281-DT Page 2 c t 8 APPROVED AS TO CONTENT: Quincy Wh4�,Assistant City Manager APPROVET' AS TO FORM: Chad Weaver, Assistant City Attorney Page 3 of 8 Q:Purchase"Bid Dom 12-10281-DTIContract Resolution No. 2012—R0017 EXHIBIT A Covenant IAL Rehab Centers IF December 20, 2011 D'Ana Torres, Senior Buyer Purchasing & Contract Management City of Lubbock 1625 13th Street Lubbock, TX 79401 RE: RFP 12-10281-DT Covenant Rehab Centers will provide an occupational therapist to come on -site and evaluate clients' physical and mental capabilities for utilizing fixed route services at a fee of $100 per hour for occupational therapy services. Currently utilized physical and mental screening tools will be used for the assessment. Upon evaluation the application is reviewed with medical conditions taken into account and how that correlates with government guidelines and parameters, then making appropriate recommendations in compliance with federal or state statutes and local ordinances. Determinations will be made as Denied, Temporary, Conditional, or Full ADA for use of the paratransit services. Respectfully, Walter L. Cathey OTR, MOT AVP Covenant Health System Page 4 of 8 Resolution No. 2012-R0017 REQUEST FOR PROPOSAL FOR Citibus ADA Paratransit Client Assessments City of Lubbock, Texas RFP 12-10281-DT Il. GENERAL REQUIREMENTS 1 INTENT EXHIBIT B a) Citibus is seeking proposals for interested occupational therapists to assess Citibus clients for ADA Paratransit eligibility. b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing these services. c) 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. BACKGROUND ADA Paratransit client assessments are conducted as a cost -saving measure to ensure that individuals requiring specialized ADA curb -to -curb service are certified to use it. ADA Client Assessment contract will be active for a period of one (1) year with an additional two (2) year option at the contractor's discretion. Assessment services will be compensated based on an hourly rate. 3. PROJECT SCOPE OF WORK 3.1 ADA Paratransit client assessments: a) must be conducted by a licensed occupational therapist, as certified by the Texas Board of Occupational Therapy Examiners. Copies of appropriate certificates and/or licenses must accompany proposal. b) will be performed at Citibus' Administrative Building at 801 Texas Avenue (Lubbock, Texas). c) will occur every Tuesday between the hours of 9:00am and 12:00pm. Therapist will be notified of cancellations in advance of Tuesday showtime. 3.2 Under the contract, the selected occupational therapist: a) will be responsible for own transportation to/from Citibus facility and other related activities. b) will conduct a blood pressure check and a number of physical activities to gauge the client's ability to board/alight and walk to a bus stop. c) will conduct a review of the client's medical questionnaire for accuracy. d) will be available by phone or email to respond to Citibus staff inquiries. e) will be required to defend client eligibility determination at Lubbock Public Transit Advisory Board meeting, or in a court of law. f) will be required to file deposition or represent Citibus if contractor is sued over the determination of a client's eligibility. Page S of 8 Q:PurnhaseBid Docs/12-10281-DT/Contract g) will be required to ensure that Citibus facility is registered and has appropriate registration/renewal certificates. 3.3 This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.117, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. 4. EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: a) Experience — The offeror's experience in providing the services as requested in the specifications. Provide three verifiable references on similar and related contracts. Please use attached reference form. (20%) b) Understanding of Services — The offeror shall have the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance as required by these specifications. (20%) c) Capability and Skill — Offeror's capability, flexibility and skill to perform the services stated in the specifications. (20%) d) Responsiveness — The degree to which the offeror has responded to the purpose and scope of specifications. (10%) f) Cost (30%) Page 6 of 8 Q:Purchase/Bid Does/ 12-1028 1 -DT/Contract Resolution No. 2012-R0017 EXHIBIT C CITY OF LUBBOCK, TEXAS Citibus ADA Paratransit Client Assessments RFP 12-10281-DT INSURANCE JRANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY, INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor, SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Type Worker's Compensation or Employers Liability Commercial General Liability per Occurrence Endorsements General Aggregate Products/Op AGG Personal & Adv. Injury Contractual Liability Amount Statutory $500,000 Combined single limit for bodily injury and property damage of $200,000 per occurrence or its equivalent. The City of Lubbock shall be named as primary additional insured on auto/general liability with a waiver of subrogation in favor of the City on all coverage's and include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Page 7 of 8 QTurchaseBid Docs/12-I0281-DT/Contract Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. Page 8 of 8 Q:PurchaselBid Docs112-10281-DTIConlruct