FAMILY AND COMMUNITY SERVICES. Please place the following item on the Commissioners Court agenda for March 1, 2010:

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1 FAMILY AND COMMUNITY SERVICES Date: February 22, 2010 To: Delia Briones, County Clerk From: Rosemary Neill Re: Commissioners Court Agenda Please place the following item on the Commissioners Court agenda for March 1, 2010: Approve and authorize the County Judge to sign a Service Agreement with El Paso MHMR for Early Childhood Intervention for a term beginning October 1, 2009 and ending September 30, 2010 for $27,900 to meet the budget and funding obligations of an Interlocal Agreement between the City, County, and Hospital District dated November 28, Respectfully Submitted, Rosemary V. Neill Director

2 Memorandum To: From: County Judge Anthony Cobos, Commissioner Anna Perez, Commissioner Veronica Escobar, Commissioner Willie Gandara, and Commissioner Daniel Haggerty Rosemary Neill Date: 2/25/2010 Re: Service Agreement El Paso MHMR Early Childhood Intervention Action Item Approve and authorize the County Judge to sign a Service Agreement with El Paso MHMR for Early Childhood Intervention for a term beginning October 1, 2009 and ending September 30, 2010 for $27,900 to meet the budget and funding obligations of an Interlocal Agreement between the City, County, and Hospital District dated November 28, Fiscal Impact The County obligated $100,000 in general revenue funds in anticipation of this and a companion Crisis Line/Mobile Outreach contract. Background Information El Paso MHMR returned to local governance under the terms of an Interlocal Agreement between the County, City, and Hospital District dated November 28, State statute authorizes selected units of local government to establish community mental health and mental retardation centers under Texas Health and Safety Code, Chapter 534. The Interlocal Agreement requires each entity to contribute $100,000 annually to the required local match. The County meets its obligation through its support of specific services. This contract provides support for Early Childhood Intervention services. 1

3 February 25, 2010 El Paso MHMR is one of three local agencies that provide early childhood intervention (ECI) services. The Center provides its services through the Elinor Zind Early Childhood Intervention Program. The Elinor Zind ECI program provides an array of family-centered services. The Center offers these services in accordance with state ECI policies for children with developmental disabilities between the ages of birth through 2 years. These services support families in their natural care-giving environments and build on the families individual strengths. The Center provides its services to El Paso County residents that reside east of Yarbrough to the county line. In keeping with the Court s direction, this contract has specific performance measures that gauge the Center s ability to meet the desired outcomes for children and their families. The Center met its performance goals. 2

4 INTERLOCAL AGREEMENT EARLY CHILDHOOD INTERVENTION SERVICES This Agreement is entered by and between the County of El Paso, a political subdivision organized and existing under the laws of the State of Texas, hereinafter referred to as County, and El Paso MHMR, a political subdivision organized and existing under the laws of the State of Texas, hereinafter referred to as Contractor. Whereas, the Contractor agrees to provide Early Childhood Intervention services for one year and County agrees to provide funding for such services pursuant to this Agreement; and Whereas, the County approves Contractor s annual budget which is attached as Exhibit A hereto, and incorporated herein; Now Therefore, in consideration of the promises and agreements hereinafter set forth, the parties agree as follows: WITNESSETH The County and Contractor hereby agree that Contractor shall provide services described below with payment for such services being provided not to exceed the total of Twenty Seven Thousand Nine Hundred Dollars ($27,900.00) during the Agreement period. 1. DURATION Regardless of the date of execution, the term of this Agreement shall begin October 1, 2009, and end on September 30, SCOPE Contractor agrees that any and all funds paid to it pursuant to this Agreement by the County shall be used to provide Early Childhood Intervention services. Said Early Childhood Intervention services are further described in Exhibit B, which is attached hereto and made a part hereof. 3. PERSONNEL AND FACILITIES The Contractor represents: (1) That it has, or will secure at its own expense, all personnel required to perform the services under this contract and that such personnel shall not be employees of the County; and (2) That the Contractor shall provide the County with copies of all criteria for selection of personnel and shall maintain such criteria in a current condition. Contractor shall provide such office space, equipment, supplies, and other materials as may be necessary to accomplish the services outlined herein. C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 1

5 4. INDEPENDENT CONTRACTOR It is expressly understood and agreed by and between the parties that Contractor is contracted and engaged as an independent contractor and is not an officer, agent or employee of the County. 5. PERFORMANCE The County has the right to monitor performance of this Agreement on a periodic basis to assure compliance with the provisions of this Agreement. The Contractor will provide assistance and information needed by the County in monitoring and evaluating the performance of the Contractor in all areas of accountability related to the provision of this Agreement. 6. MONITORING The County may visit the Contractor s premises at any time for the purpose of verifying that the Contractor is in compliance with the terms of this Agreement. Such visits by the County shall be made for the purposes of auditing, monitoring, or evaluating any federal, state, municipal regulation which apply to this program. 7. BUDGET Funds provided by the County may be spent by the Contractor for day-to-day operations including salaries and other administrative costs, in accordance with the budget set forth in Exhibit A, and only if directly related to the Early Childhood Intervention services described herein. The County shall have the right to audit records and review the financial status of the program related to the provision of this Agreement and upon determination that unexpended funds will remain, shall at its sole option adjust the Agreement budget to reallocate such identified excess funds to other projects. This Agreement is exclusively between the County and Contractor. Contractor shall provide to the County any and all documentation, which may be required to substantiate the billings for the services provided hereunder. 8. PAYMENT SCHEDULE The Contractor shall submit a quarterly reimbursement request to the designated contact person for the Commissioners Court on a quarterly basis for review and verification that services have been provided. If satisfactory services have been provided, the designated contact person for the Commissioners Court shall submit the reimbursement request to the County Auditor for processing as a paid claim. Payments will be made to Contractor on a quarterly basis and only after the submission and approval of the reimbursement requests. The reimbursement request should include copies of all applicable receipts evidencing monies that have been expended related to the C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 2

6 services provided herein. The request for reimbursement shall include a certification that the County is not being billed for, services for which the Contractor is reimbursed from some other source. In no event shall the County be liable for any expenses for which the Contractor is reimbursed from any other source. 9. TERMINATION Either party may terminate this Agreement, with or without cause, upon thirty (30) days notice to the other party. 10. NOTICES All notices, communications and reports under this Agreement shall be either hand delivered, faxed, or mailed, postage prepaid in the Untied States Postal Service, to the respective parties at the respective addresses shown below, unless and until either party is otherwise notified in writing: To the County: To Contractor: Anthony Cobos County Judge County of El Paso 310 El Paso County Courthouse 500 E. San Antonio El Paso, Texas Gary Larcenaire Chief Executive Officer El Paso MHMR P.O. Box 9997 El Paso, Texas INDEMNIFICATION Contractor and County mutually agree to the extent permitted under the laws of the State of Texas to indemnify and hold harmless the other party, its trustees, officers, employees, and agents from and against all liabilities, claims, actions, expenses (including attorneys fees and costs related to the investigation of any such claim, action, or proceeding), obligations, losses, fines, penalties, and assessments resulting from or arising out of the non-performance or the negligent performance of that party s obligations under this Agreement, whether by the party, its directors, officers, employees, or agents. 12. LIABILITY INSURANCE The Contractor shall file with the County Risk Manager a Certificate of Liability Insurance that is satisfactory to the County Risk Manager from an insurance company licensed to do business in Texas, which refers to this Agreement by date, certifying that C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 3

7 such insurance coverage is in effect. Minimum coverage provided by such policy shall be $100,000 for each person and $300,000 for each occurrence for bodily injury or death and $100,000 per occurrence for damage to property. 13. REGULATIONS Both parties hereto agree and recognize that law, rules, and regulations related to this Agreement and performance by either party are subject to change. As specifically agreed that any of the provisions in this Agreement may be changed to bring this program or the County of El Paso into compliance with such laws, rules, and regulations. Notice of such changes will be given to the other party as soon as notice is received by either party of the changes in applicable laws, rules and regulations; however, any such changes which must take effect to bring the County of El Paso or this program into compliance with such changes will take effect as soon as is needed to comply with such changes in the laws, rules, and regulations. 14. COVENANTS A. NO ASSIGNMENT Contractor shall not assign, delegate, or attempt to so convey an interest in this Agreement. In the event Contractor does attempt to so convey an interest in this Agreement, said Agreement shall be terminable. B. COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations. Failure to do so in any manner which materially impairs the quality of performance hereunder, or effects the administration of the funds provided hereunder shall constitute a material breach of this Agreement. C. PROHIBITED ACTS Contractor covenants during this Agreement period that: (1) Conflict of Interest: It has had no interest in, and shall not acquire any interest, direct or indirect, in any contract or subcontract which will conflict in any manner or degree with the performance of the services performed under this Agreement. Any violation of this paragraph, with knowledge express or implied, by the Contractor shall render this Agreement voidable by the County and shall entitle the County to appropriate reimbursement; (2) Discrimination: No person in the United States has been or will be, on the grounds of race, creed, color, national origin or sex, excluded from participation in, denied the benefits of, or subject to discrimination under, any program or activity funded in whole or part with funds made available to the Contractor pursuant to the terms of this Agreement; C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 4

8 (3) Discriminatory Criteria: Contractor may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, creed, color, sex or national origin, or of defeating or substantially impairing accomplishment of the objects of programs funded pursuant to this Agreement with respect to individuals of a particular race, color, national origin, creed or sex; (4) Prohibited Interest: No member, officer, or employee of the Contractor, or its designees or agents, or members of Commissioners Court, and no other public official of the County of El Paso who exercises any functions or responsibilities with respect to the program during his or her tenure or for one (1) year thereafter, has had any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work performed in connection with the program assisted in this Agreement. D. NON-RELIGIOUS ACTIVITIES The Contractor will provide the stated services in a manner that is exclusively non-religious in nature and scope, there will be no religious services, proselytizing, instruction, or any other religious influences in connection with the stated services. E. SUBCONTRACTS None of the services covered by this Agreement shall be subcontracted without the prior written consent of the County. The Contractor shall be fully responsible to the County for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them. 15. ENTIRE AGREEMENT This Agreement constitutes and expresses the entire Agreement of the parties hereto in reference to the services of the Contractor for the County and in reference to any of the matters herein provided for or herein discussed or mentioned in reference to the providing of such services, all promises, representations, and understandings relative hereto being herein merged. APPROVED this the day of, THE COUNTY OF EL PASO Anthony Cobos County Judge El Paso MHMR Gary Larcenaire Chief Executive Officer ATTEST: County Clerk C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 5

9 EXHIBIT A Elinor Zind Early Childhood Intervention Program BUDGET CATEGORIES ECI MOE TOTAL Personnel 2,338, ,866 3,129,808 Fringe Benefits 808, ,260 1,046,036 Travel 138, ,166 Equipment (>$1,000) Supplies 0 41,644 41,644 Contractual 52, ,445 Other 382, ,003 Indirect Charges 317,511 86, ,285 TOTAL BUDGET 4,079,487 1,114,900 5,194,387 Request County Funds in the amount of $27,900 for Maintenance of Effort (MOE) by local funding and support C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 6

10 EXHIBIT B Elinor Zind Early Childhood Intervention Program 1477 Lomaland, Suite E-7 El Paso, Texas (915) The Elinor Zind ECI Program provides an array of family-centered services according to state ECI policies for children with developmental disabilities between the ages of birth through 2 years. Family-centered services recognize and respect the pivotal role of the family in the lives of children with developmental delays and/or special health needs. Family-centered services support families in their natural care-giving and decisionmaking roles by building on their individual unique strengths as people and families. All services are in the family s natural environment. The service area for this program is El Paso County, specifically all areas east of Lee Treviño to the county line. A Step Forward ECI Program and El Paso Rehabilitation ECI Program provide ECI services to the rest of El Paso County. Third Party billing is achieved through revenue generated by Medicaid THSteps-CCP, DRS, CHIP, Targeted Case Management and Medicaid Administrative Claiming. Since FY 04 families with the ability to pay will share in the cost of ECI services.. PERFORMANCE MEASURES Thirty percent of current enrollment will live in the Colonia areas of east El Paso County. Based on past history child outcomes at dismissal include the following: o 10% will reach developmental proficiency o 24% will enroll in the local ISD or Head Start at age 3 o 7% will stay home after dismissal from the program o 9% of families will move out of the service area. o 11% of the children will await enrollment into local ISD or Head Start o 9% of families will chose to not continue with the program o 9% of families will withdraw from the program with no further concerns o 21% will be closed for other reasons C:\WINDOWS\apsdoc\nettemp\1472\$ASQ21-2.doc 7

11 From: Lee Shapleigh Sent: Thursday, February 18, :12 PM To: Rosemary Neill Subject: K /Early Childhood Intervention Services/Fam&Comm/EPMHMR/FY10 Attachments: K10081 EPMHMR ECI.doc I made a few non-substantive changes. COUNTY LEGAL REVIEW FORM KK Contract Description: EPMHMR/FY10 Early Childhood Intervention Services/Fam&Comm/ COUNTY ATTORNEY ACTION** **Requested Amendments/Clarifications: We assume you have submitted any questions or comments you have regarding the terms of the contract, as well as any specific provisions to which you object, or which you want to have changed. X Approved as to Form as Submitted Below* Approved as to Form with Amendments/Modifications/Reservations Noted Not Approved *1) This document has been given legal review by the El Paso County Attorney57;s Office on behalf of the County of El Paso, its officers, and employees. Said legal review should not be relied upon by any person or entity other than the County of El Paso, its officers, and employees. Lee Shapleigh Assistant County Attorney