HomeMy WebLinkAboutResolution - 2023-R0364 - Contract 17194, Mindfulness Behavioral Health Services, LLC - 07/25/2023Resolution No. 2023-R0364
Item No. 5.19
July 25, 2023
RESOLUTION
BE IT RESOLVCD BY 'I'H� CITY COUNCII, Or TI IE 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. 17194 for Substancc Use Disorder
Treatment Services as per IZFP 23-17194-YB, by and betwcen the City of Lubbock and
Mindfulness Behavioral Health Services, LLC, 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 �uly 25, 2a23
ATT � ST:
Courtney Paz, City Sec tary
APPROVLD AS TO CON1'ENT:
Bill Ho��fton, Deputy City
APPROVLD AS "1'O 1�ORM:
Rachael Postcr, ASsistant City Attorncy
ccdocs IIIRES.ServiceContract 17194- Mindfulness I3ehavioral } Iealth Scrvices, LLC
6.29.23
Resolution No. 2023-R0364
City of Lubbock
Substance Use Disorder Treatment Providers
Agreement
Contract 17194
This Service Agreement (this "Agreement") is entered into as of the �day of Julv 2023
("Effective Date") by and between Mindfulness Behavioral Health Services, LLC (the Contractor), and the
City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17194-YB, Substance Use Disorder
Treatment Providers and
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 Substance Use
Disorder Treatment Providers, 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 Type and Unit Rates
4. Exhibit C— Business Associate Agreement
5. Exhibit D— Insurance Requirements
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, Exhibit C and Exhibit D attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of four (4), one (1) year
extensions, said date of term beginning upon formal approval. This Contract will renew
automatically for the additional terms, unless either Party gives ninety (90) day written notice to
terminate the Contract.
1.1 All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. 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.
1.2 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
1.3 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
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 document, this
provision shall control.
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 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
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.
2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas 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.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, andlor subcontractors, related to the
performance, operations or omissions under this agreement andlor the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
-----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 BOCK
Tray Payne ayor
A EST:
Courtney Paz, City Secr ry
A OV .D AS TO CONTENT:
y,
Katherine Wells, Director of Public Health
CO RACTOR
BY: �
Authorized Representative
C��vl,�� n tc •�� t �CS W
Print Name
� �.� �� G�vlti�in 1 ✓ �
Address
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City, State, Zip Code
APPROVED AS TO FORM
Rachael roster, Assis ant City
Attorney
Exhibit A
City of Lubbock
RFP 23-17194-YB
Substance Use Disorder Treatment Providers
GENERAL REQUIREMENTS
1. INTENT
The Health Department is soliciting proposals from qualified providers to join the network.
Eligible providers must meet the state minimum requirements to participate in this program.
Preference will be given to providers who can exceed the requirements. Network providers
must accept the state unit rate as payment in full. At this time additional funds are not available
to supplement to state rate, however, individuals receiving service through the network will be
assigned a case manager to monitor progress, address treatment barriers and assist with
discharge planning to help improve short and long term success rates.
2. SCOPE OF WORK
The City of Lubbock Health Department currently has a network of substance use disorder
treatment providers and would like to expand their network. 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.
General
1. All Subcontractors shall become familiar with the treatment contracts such as; Adult
Treatment (TRA), Specialized Female Treatment (TRF), Co-Occurring Psychiatric and
Substance Abuse Disorders (COSPD) and Youth Treatment (TRY) to help assist with grant
guidelines, to help inform and provide substance use disorder treatment to the targeted
population.
The below service typesllevels of care are based on Texas Administrative Code (TAC)
requirements, as referenced in the Substance Use Disorder (SUD) Utilization Management
(UM) Guidelines, located at the following link: https://hhs.texas.gov/doing-business-
hhs/provider- portals/behavioral-health-servicesproviders/behavioral-health-provider-
resources/utilization- management-guidelines-manual, and American Society of Addiction
Medicine (ASAM) criteria located at the following link: www.asam.com, which is a
collection of objective guidelines that give clinicians a standardized approach to admission
and treatment planning.
Subcontractors will provide a copy of their roster and make sure it is current. The roster
will also contain the hours of operation and the services provided. Subcontractors must
utilize the Clinical Management for Behavioral Health Services (CMBHS) system and
attend training after contract execution and before subcontracted services begin. CMBHS
will also be used to report Wait List and Daily Capacity Management. Subcontractors are
required to submit billing sheets weekly and make any necessary corrections in order to
*Service Delivery
Subcontractor shall:
Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM
Guidelines.
1. Maintain a Waiting List to track all eligible individuals who have been screened but
cannot be admitted to SUD treatment immediately.
2. Subcontractor that has an individual identified as a federal and State priority
population on the waiting list shall confirm this in the Daily Capacity
Management Report.
3. Subcontractor shall arrange for appropriate services in another treatment facility
orprovide access to interim services as indicated within forty-eight (48) hours
when efforts to refer to other appropriate services are exhausted.
4. Subcontractor shall offer directly or through refenal interim services to
waitlisted individuals.
5. Establish a wait list that includes priority populations and interim services
while awaiting admission to treatment services.
6. Develop a mechanism for maintaining contact with individuals awaiting
admission.
7. Maintain a waiting list that includes a unique individual identifier for each injecting
drug abuser seeking treatment, including individuals receiving interim services
whileawaiting admission.
8. Send wait list numbers to Subcontractor by 9:30am Monday through Friday.
9. If unable to provide admissions to individuals within Priority
Populations for TreatmentPrograms according to SUD UM Guidelines:
10. Implement written procedures that address maintaining weekly contact with
individuals waiting for admissions as well as what referrals are made when a
Client cannot be admittedfor services immediately.
11. When Subcontractor cannot admit a Client, who is at risk for dangerous
withdrawal, Subcontractor shall ensure that an emergency medical care
provider is notified.
12. Coordinate with an alternate provider for immediate admission. Notify
Substance Use Disorder (Substance_Use_Disorder@hhsc.state.tx.us) so that
assistance can be provided that ensures immediate admission to other
appropriate services and proper coordination when appropriate.
13. Provide pre-admission service coordination to reduce barriers to treatment,
enhance motivation, stabilize life situations, and facilitate engagement in
treatment.
14. Adhere to Informed Consent Document for Opioid Use Disorder applicable to
individual asstated in the SUD UM Guidelines.
15. When an individual is placed on the Wait List, Subcontractor shall document
interim services as referrals that provides applicable testing, counseling, and
treatment for Human Immunodeficiency Virus (HIV), Tuberculosis (TB) and
sexually transmitted infections (STIs).
ensure payments are submitted in a timely manner. Examples of billing sheets will be
provided. Monitoring tools will be used to perform (I) audit per service type provided by
the subcontractors every quarter or as needed. An audit will be done at the facility and in
the CMBHS database. Corrections or discrepancies must be corrected in a timely manner
or by the due date provided by City of Lubbock Behavioral Program staff. The monitoring
tool will be provided to the subcontractor. Subcontractors are required to demonstrate a
five percent (5%) match of either in-kind donations or supplemental service committed
specifically for the proposed project.
2. Service Requirements
*Administrative Requirements
1. Adhere to the most current SUD UM Guidelines.
2. Provide age-appropriate medical and psychological therapeutic services designed
to treat an individual's SUD and restore functions while promoting Recovery.
3. Adhere to Level of CarelService Type licensure requirements.
4. Comply with all applicable TAC rules adopted by System Agency related to SUD
treatment.
5. Document all specified required activities and services in the Clinical
Management of Behavioral Health Services (CMBHS) system. Documents that
require Client or staff signature shall be maintained according to TAC
requirements and made available to SystemAgency for review upon request.
6. Client Retention in services, including protocols for addressing Clients absent from
treatment and policies defining treatment non-compliance; and all policies and
procedures shall be provided to System Agency upon request.
7. Ensure that Program Directors participate in their specific Program and service type
conference calls as scheduled by System Agency. Program Directors shall
participate unless otherwise agreed to by System Agency in writing. Subcontractor
executive management may participate in the conference calls.
8. Actively attend and share representative knowledge about Subcontractor's system
and services at the Outreach, Screening, Assessment, and Referrals (OSAR)
quarterly regional collaborative meetings.
9. Ensure compliance with Client Eligibility requirements to include: Texas residence
eligibility, Financial Eligibility and clinical eligibility as specified in SUD UM
Guidelines.
Document a Life Event Note in CMBHS upon active Client's delivery of newbom.
10. Subcontractor will develop a local agreement with DFPS local offices to address
referral process, coordination of services, and sharing of information as allowed per
the consent and agreement form.
11. Adhere to Memorandum of Understanding requirements as stated in the
SUD UMGuidelines.
12. Maintain a list of community resources and document referrals when appropriate
to ensure that children of the client have access to services to address their needs
and support healthy development including primary pediatric care, early childhood
intervention services, and other therapeutic interventions that address the children's
development needs and any issues of abuse and neglect.
*Screening and Assessment
Subcontractor shall:
1. Comply with all applicable rules in the TAC for SUD progams as stated in the
SUD UM Guidelines Information, Rules, and Regulations regarding Screening
and Assessment.
2. When documenting a CMBHS Substance Use Disorder screening, Subcontractor
shall conduct the screening in a confidential, face-to-face interview unless there
is documented justification for an interview by phone.
3. Document Financial Eligibility in CMBHS as required in the SUD UM
Guidelines.
4. Conduct and document a CMBHS SUD Initial Assessment with the Client to
determine the appropriate levels of care for SUD treatment. The CMBHS
assessment will identifythe impact of substances on the physical, mental health,
and other identified issues including TB, Hepatitis B and C, STI, HIV. If Client
indicates risk for these communicable diseases, Subcontractor shall refer the
Client to the appropriate community resources for further testing and
counseling. ii. If the Client is at risk for HIV, Subcontractorshall refer the Client
to pre and posttest counseling on HIV.
5. If the Client is living with HIV, Subcontractor will refer the Client to the
appropriate community resources to complete the necessary referrals and health
related paperwork.
6. The assessment shall be signed by a Qualified Credential Counselor (QCC) and filed
in the Client record within three (3) Service Days of admission or a program may
accept an evaluation from an outside entity if it meets the criteria for admission and
was completed during the thirty (30) calendar days preceding admission.
*Treatment Planning, Implementation and Review
Subcontractor shall:
1. Comply with all applicable rules for SUD programs in the TAC regarding
Treatment Planning, Implementation and Review, as referenced in Information,
Rules, and Regulations of the SUD Program
2. Guide. Collaborate actively with clients and family, when appropriate, to
develop and implement an individualized, written treatment plan that identifies
services and support needed to address problems and needs identified in the
assessment. The treatment plan shall document the expected length of stay and
treatment intensity. Subcontractor shall use clinical judgment to assign a
projected length of stay for each individual client.
3. Document referral and referral follow-up in CMBHS to the appropriate
community resources based on the individual need of the client.
4. The treatment plan shall be signed by a QCC and filed in the client record within
five service days of admission.
*Discharge
Subcontractor shall:
1. Comply with all applicable rules in the TAC regarding Discharge, as referenced in
Information, Rules, and Regulations of the SUD Program Guide.
2. Develop and implement an individualized discharge plan with the client to assist in
sustaining recovery.
3. Document in CMBHS the client-specific information that supports the reason for
discharge listed on the discharge report. A QCC shall sign the discharge summary.
Appropriate referrals shall be made and documented in the client record. A client's
treatment is considered successfully completed, if the following criteria are met:
i. Client has completed the clinically recommended number of treatment units
(either initially projected or modified with clinical justification) as indicated in
CMBHS.
ii. All problems on the treatment plan have been addressed.
4. Utilize the treatment plan component of CMBHS to create a final and completed
treatment plan version.
5. Problems designated as "treat" or "case manage" status shall have all objectives
resolved priorto discharge:
iii. Problems that have been "referred" shall have associated documented referrals
in CMBHS;
iv. Problems with "deferred" status shall be re-assessed. Upon successful
discharge, all deferred problems shall be resolved, either through referral,
withdrawal, treatment, or case management with clinical justification reflected in
CMBHS, through the Progress Note and Treatment Plan Review Components;
and
v. "Withdrawn" problems shall have clinical justification reflected in CMBHS,
through the Progress Note and Treahnent Plan Review Components.
*Additional Service Requirements
Subcontractor shall:
1. Comply with all applicable rules in the TAC for SUD programs, as stated in
Information, Rules, and Regulations of the SUD Program Guide.
2. Deliver and provide access to services at times and locations that meet the needs of
the target population. Provide or arrange for transportation to all required services
not provided at Subcontractor's facility.
3. Accept referrals from the OSAR.
4. Provide evidenced-based education to clients at minimum on the following topics:
5.
6.
7.
8.
9.
(i) Tuberculosis;
(ii) HIV; Hepatitis B and C;
(iii) Sexually Transmitted InfectionslDiseases; and
(iv) Health risks of tobacco and nicotine product use.
Provide Case Management as needed with documentation in CMBHS, as Case
Management is essential to the ultimate success of the client. Ensure client access
to the full continuum of treatment services and shall provide sufficient treatment
intensity to achieve treatment plan goals.
Provide all services in a culturally, linguistically, non-threatening, respectful and
developmentally appropriate manner for clients, families, andlor significant others.
Provide trauma-informed services that address the multiple and complex issues
related to violence, trauma, and substance use disorders.
Provide overdose prevention and reversal education to all clients.
10. Specific overdose prevention activities shall be conducted with clients with opioid
use disorders and those clients that use drugs intravenously. Subcontractor will
directly provide or refer to community support services for overdose prevention and
reversal education to all identified at risk clients prior to discharge. Subcontractor
will document all overdose prevention and reversal education in CMBHS.
11. Ensure access to adequate and appropriate medical and psychosocial tobacco
cessation treatment as follows:
12. Utilize System Agency as the payer of last resort if the client has other 1 outside
funding available (i.e., wages, insurance, etc.)
*Staff Competencies and Requirements
1. All personnel shall receive the training and supervision necessary to ensure
compliance with System Agency rules, provision of appropriate and individualized
treatment, and protection of client health, safety, and welfare.
2. Ensure that all direct care staff receive a copy of this statement of work and SUD
Program Guide.
3. Ensure that all direct care staff review all policies and procedures related to the
program or organization on an annual basis.
4. Ensure compliance with all applicable rules in the TAC for SUD Programs
regarding Personnel Practices and Development, as stated in Personnel
Requirements and Documentation of the SUD Program Guide.
5. Within 90 business days of hire and prior to service delivery, direct care staff shall
have specific documented training in the following:
i. Motivational interviewing techniques or Motivational Enhancement Therapy;
ii. Trauma-informed care;
iii. Cultural competency;
iv. Harm reduction trainings;
v. HIPAA and 42 CFR Part 2 training; and
vi. State of Texas co-occurring psychiatric and substance use disorder (COPSD)
training located at the following website: www.centralizedtraining.com
6. Ensure all direct care staff complete annual education on Health Insurance
Portability and Accountability Act (HIPAA) and 42 CFR Part 2 training.
DocuSign Envelope ID: 1D1EC09B-A3AF-4B6D-8A54-14CB34153271.
7. Ensure all direct care staff complete a minimum of 10 hours of training each state
fiscal year in any of the following areas:
i. Motivational interviewing techniques;
ii. Cultural competencies;
iii. Reproductive health education;
iv. Risk and harm reduction strategies;
v. Trauma informed care; or
vi. Suicide prevention and intervention.
8. Individuals responsible for planning, directing, or supervising treatment services
shall be a QCC.
9. Subcontractor shall have a clinical program director known as a"Program Director"
with at least two years of post-QCC licensure experience providing substance use
disorder treatment.
10. Substance Use Disorder counseling shall be provided by a QCC or Chemical
Dependency Counselor Intern. Substance use disorder education and life skills
training shall be provided by counselors or individuals who have appropriate
specialized education and expertise. All counselor interns shall work under the
direct supervision of a QCC.
11. Licensed Chemical Dependency Counselors shall recognize the limitations of their
licensee's ability and shall not provide services outside the licensee's scope of
practice of licensure or use techniques that exceed the person's license authorization
or professional competence.
12. Develop a policy and procedure on staff training, available for HHSC review, to
ensure that information is gathered from clients in a respectful, non-threatening, and
culturally competent manner.
13. For HIV Residential Subcontractor, all counseling staff will have one year of
experience working with persons living with HIV or the at-risk population.
i. Specific training for direct care staff is required annually in harm, risk
reduction, and overdose training.
ii.The Registered Nurse (RN), Licensed Vocational Nurse (LVN), or
Physician's Assistant must have at least two years' experience working with persons
living with HIV. All shifts will be staffed with either a LVN or RN.
iii. Food service staff will include at least one full time employee who has
certification in food service management and the ability to plan and accommodate
diets recommended for individuals served by Subcontractor.
4. Levels of Care/Service Types
1. Adult Treatment (TRA)
i. Adult Intensive Residential Services;
ii. Adult Ambulatory Detoxification Services
iii. Adult Residential Detoxification Services;
iv. Adult Outpatient Services:
(a) Adult Outpatient Group Counseling;
(b) Adult Outpatient Group Education;
(c) Adult Outpatient Individual Counseling.
2. Youth Treatment (TRY)
i. Youth Outpatient Services
(a) Youth Outpatient Group Counseling;
(b) Youth Outpatient Group Education;
(c) Youth Outpatient Individual Counseling;
(d) Youth Adolescent Support;
(e) Youth Family Counseling;
( fl Youth Family Support;
(g) Youth Psychiatrist Consultation.
3. Specialized Female Treatment (TRF)
i. Adult Specialized Female Intensive Residential Services;
ii. Adult Specialized Female Supportive Residential Services;
iii. Adult Specialized Female Women with Children Intensive Residential Services;
iv. Adult Specialized Female Outpatient Services
(a) Adult Specialized Female Outpatient Group Counseling;
(b) Adult Specialized Female Outpatient Group Education;
(c) Adult Specialized Female Outpatient Individual Counseling.
4. Co-Occurring Psychiatric and Substance Abuse Disorders (COPSD)
5. Target Population
Texas residents who meet Client Eligibility for System Agency-funded substance use
disorder services as stated in the Substance Use Disorder (SUD) Program Guide,
https:llhhs.texas. govldoing-business-hhslprovider-portals/behavioral-health-
servicesproviderslsubstance-use-disorder-service-providers
Forms that will need to be completed and uploaded:
Business Associate Agreement
Form A Respondent Information
Form B-1 Governmental Entity
Form C Nonprofit or For-Profit Entity
Form D Contact Person Information
Form E-1 TRA, TRF, TRY, Outpatient Treatment Services
Exhibit B
City of Lub6ock
RFP 23-17194-YB
Substance Use Disorder Treatment Providers
Service Types and Unit Rates
Treatment for Adults (TRA)
Service T e Unit Rate
Adult Intensive Residential $113.02
Adult Out atient
Out atient — Grou Counselin $18.84
Out atient — Grou Education $17.79
Out atient — Individual Counseling $60.69
Adult — Su ortive Residential $42.90
Adult — Residential Detoxification $234.41
Treatment for Youth (TR�
Service T e Unit Rate
Youth Out atient Services $62.79
Co-Occurring Psychiatric and Substance Use Disorder Services Contract (COPSD)
Service T e Unit Rate
COPSD Services $66.98
Network providers accepts the state unit rate as payment in full.
�h'`��''� � �� 04/26/2023
Name Date
Treatment for Females (TRF)
Exhibit C
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (the "Agreement"), effective
July 25, 2023 is entered into by and between the City of Lubbock ("City" or
"Covered Entity") Mindfulness Behavioral Health Services, LLC ,(the "Business Associate"), (each
a "Party" and collectively the "Parties").
Business Associate is a provider of City clients for Substance Use Disorder Treatment
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 andlor 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:
1. 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: (� -
. 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 andlor 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
Business Associate Agreement — City of Lubbock Page 1 of 3
attention at (806)775-2164. Physical return of documents will be to the
authorized requestor's attention at: The City of Lubbock, Citizens Tower,
1314 Avenue K, 9'h 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 through
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 acquires no title or rights 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 Ci
BY;
Print �rie: Tray Payne
Title: Mayor
Contractor
By:
Print Name: y15�'�✓1Ge D SP� �
V
Title: � W V1 � .
Business Associate Agreement — City of Lubbock Page 3 of 3
Exhibit D
32. INSURANCE REQUIREMENTS
32.1. 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.
32.2. 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.
32.3. 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):
Commercial General Liabilitv ReQuirements: $1M occurrencel$2M aggregate (can be
combined with an Excess Liability to meet requirement). Commercial General Liability to
include Products -Completion/OP, Personal and Advertising Injury, Contractual Liability, Fire
Damage (any one fire), and Medical Expenses (any one person).
Auto Liabilitv Reauirements: $1 Mloccurrence is needed.
Professional Liabilitv Requirements: $1 M occurrence/$2M aggregate.
Workers Compensation Requirements• Statutory. If the vendor is an independent contractor
with no employees and are exempt from providing Workers' Compensation coverage, they
must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's
license. Employer Liability ($1 M) is required with Workers Compensation.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded
additional insured status on a primary and non-contributory basis on all liability policies except
professional liabilities and workers' comp.
* Waivers of Subrogation are required for COL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for
non-payment.
* Carriers must meet a A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City 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). 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. Any costs
will be paid by the Contractor.
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.
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
1314Avenue K, 9�h Floor
Lubbock, Texas 79401
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.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
lofl
Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and s if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form� and the city, state and couniry of the business entity's place Certificate Number:
of business. 2023-1038781
Mindfulness Behavioral Health Services LLC
Fulshear, TX United States Date Filed:
2 Name o governmen enCtty or state agency that is a party to e contract r w c e form is 06/26/2023
being filed.
City of LubboCk Date Acknowledged:
g Provide the idenYfication number used by the govemmentai entity or state agency to track or idenMy the contract, and provide a
description of the services, goods, or other property to be provided under the contracG
17194
Substance Abuse Therapy.
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check appiicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. �
X
6 UNSWORN DECLARATION
My name is �t'f ii '+'Q (1(� �,tl J�� , and my date of birth is � �
My address is R��laarina,� ► r1 , ��ES �Ql.l r , �, � , V.�7 • �
(sUeet) (aty) (state) (zip code) (country)
I declare under penalry of pery'ury that the foregoing is Vue and correct.
Executed in f'"�'W� C� Q.� � Counry, State of �'eX� s, on the �day of ta r1 , 20�,.
(month) (year)
Signature of authorized a t of contracting business entiry
(Declarant)
Forms orovided bv Texas Ethics Commission www.ethics.state.bc.us Version V3.5.1.a18ea2ca
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. i- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. l, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1038781
Mindfulness Behavioral Health Services LLC
Fulshear, TX United States nate Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/26/2023
being filed.
Clty of Lubbock Date Acknowledged:
06/28/2023
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other properry to be provided under the contract.
17194
Substance Abuse Therapy.
Nature of interest
4 Name of Interested P Ci State, Count lace of business check a licable
�Y tY� rY (P ) ( PP )
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is � . .
(street) (ciry) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
F�cecuted in Counry, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entiry
(Declarant)
Forms arovided bv Texas Ethics Commission www.ethics.state.bc.us Version V3.5.1.a18ea2ca