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HomeMy WebLinkAboutContract 26129 CITY SECRETARY STATE OF TEXAS § CONTRACT NO . � COUNTY OF TARRANT § WHEREAS, the Tarrant County Mental Health Council provides coordination and facilitation services to address mental health issues in Fort Worth and Tarrant County; and WHEREAS, the City of Fort Worth desires to contract with the Tarrant County Mental Health Council, to procure such services for the benefit of the Fort Worth community; and WHEREAS, the Tarrant County Mental Health Council has offered to provide such services to citizens of the City of Fort Worth; NOW, THEREFORE, THIS CONTRACT FURTHER WITNESSETH: That for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth ("City"), a home-rule municipal corporation acting by and through Libby Watson, its duly authorized Assistant City Manager, and the Tarrant County Mental Health Council, ("Contractor") a nonprofit Texas corporation acting by and through Ted Blevins, its duly authorized signatory Officer, do hereby covenant and agree as follows: 1. Contractor covenants and agrees to coordinate services and resources to facilitate improvements in mental health services to be provided to residents of Tarrant County, such services to be provided for a period beginning June 1, 2000, and ending September 30, 2000. The services to be provided by Contractor are more fully described in Exhibit "A", attached hereto and incorporated herein for all purposes incident to this contract. 2. In consideration of the services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in one installment, the sum of which will not exceed Twenty Thousand Dollars ($20,000). At the end of each three-month quarter during the term hereof, Contractor shall submit a report of its services rendered during each quarter and be subject to a review by City of its services. CN c�EC"� °Py 1 EK 3. Either party may cancel this contract upon thirty (30) days' notice in writing to the other party of such intent to terminate. In the event of such termination, City shall reimburse Contractor in the services performed up to the date of termination. 4. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services to be performed under this agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. 5. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servants, or employee of the City of Fort Worth. Contractor shall have exclusive control of and the exclusive right to control the details of the services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and contractor, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of the City of Fort Worth. 6. City shall in no way or under any circumstance be responsible for any property belonging to Contractor, its officers, agents, employees, or subcontractors or program participants, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City, its officers, agents, and employees, from and against any and all such claims or suits. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, agents, servants, and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, -�wmn e m,% or nonperformance of this contract and agreement, and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of the City of Fort Worth; and Contractor hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for any and all claims or suits of property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with the execution, performance, attempted and/or the services performed hereunder, whether or not cause, in whole or in part, by alleged negligence of officers, agents, servants, or employees of City. In the event it is determined that Contractor has misused, misapplied or misappropriated all or any part of the funds provided hereunder, Contractor agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, servants, and employees, from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation. 8. If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against the City. 9. Contractor shall not assign or subcontract all or any part of its rights, privileges or duties under this contract without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this agreement. 10. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents, employees or subcontractors, then Contractor shall immediately desist from and correct such violation. I(1nU�( CC���I�DISW(NI���U 11. Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or subcontractors to engage in such discrimination. This agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees and subcontractors have fully complied with all provisions of same and that no employees, or employee-applicant has been discriminated against by the terms of such ordinance by either Contractor, its agents, employees or subcontractors. 12. Contractor shall furnish a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Such amounts shall be as follows: Property damage, per occurrence $100,000 Bodily injury or death, per person $250,000 Bodily injury of death, per occurrence $500,000 with the understanding and agreement Contractor that such insurance amounts shall be revised upward at City's option and the Contractor shall revise such amounts within thirty (30) days following notice to Contractors of such requirements. Contractor further agrees that it shall comply with the Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and the City of Fort Worth from and against any and all Worker's Compensation claims arising from the work and services provided under this contract. 13. In the event no funds or insufficient funds are appropriated by the City in any fiscal period any payments hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Cit any kind whatsoever, 17 lfr�u'Upll C���^���15U�WQ,7U except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 14. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 15. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Fort Worth, Tarrant County, Texas, this ° i day of A tAv, , A.D. 2000. AT EST: CITY OF FORT vvORTH By loria Pea on g-af-pp Vibbyy tson City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: _ _ o -,Z- contract Authorization &"//, z 5 - 9 - 6)o A-msWsmt City Attorn Date Date: — /y—C)d ATTEST: TARRANT COUNTY MENTAL HEALTH COUNCIL B : Te vins Authorized Officer .__ MY RUM FTo W 0 ,,r17H VEX EXHIBIT "A" SERVICES TO BE PROVIDED BY THE TARRANT COUNTY MENTAL HEALTH COUNCIL 1. Coordinate the reestablishment of in-patient services for adolescents, ages 14 to 18, at John Peter Smith Hospital or another facility in Tarrant County and reinstate the stabilization/mental health assessment program for 14-18 year olds through John Peter Smith Hospital Emergency Services. 2. Coordinate the preservation of funding for existing mental health services in our community and develop a community-wide response to funding cuts. A current need is to preserve the funding for the Youth Recovery Campus. 3. Develop a unified mental health public policy agenda for Tarrant County, which includes using the expertise of government relations staff from all participating organizations to assist in developing the strategies. This agenda will be used to maintain and increase governmental funding of mental health services in Tarrant County. 4. Coordinate the support for additional funding of local mental health services through the assistance of participating members who can attend and participate in budget meetings and public hearings in Austin. 5. Coordinate the addressing of the inequitable funding received by Tarrant County for mental health services compared to other counties with like populations. Work with coordinating agencies to bring state funding for mental health services up to the national average, which will then increase dollars to Tarrant County. Tarrant County ranks 31st out of 35 reporting MHMR centers in per capita state MH funding allocations. 01GV111,�_I '-: Q© DALE ALIUDOMI) wil,-....6 v"I 15 PRODL*4= THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Parks Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMIKID OR 89A Wo ALTER THE COVERAGE AFFORDED BY THE POUGIES BELOW. COMPANIES AFFORDING COVERAGE Arlihgton, Tx 76004-1670 COMPANY (817) 261-0393 A GEN AGENTS INS CO OF AN, INC INSURED COMPANY THE MENTAL NFALTH CONNECTION OF TARRANT COUNTY B C/O LINDA FULMER COMPANY 7009 JEWEL AVE. C FORT WORTH, TX 76112 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOMTHSTANDIN(3 ANY FIF-OUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CUNUI VI SNS OF SUCH POLICIES.IJMrrS SHOWN MAY HAVE BEEN RCDUOEtl OY PAID CLAIM6, Co POUCYEFFECIM POUCYKXPIRA'now LIMITS Lin TlfPE OF INSURANCE POLWYMUNIM OATE4MMfi)Wffl OATr(FAWDUrM GENERAL LIABILITY GENEFALAQC11111GATE 9 2 000 Roo A X COMMERCIAL GENERAL UA"UTY GPPI97600 08111/00 08/11/01 PRODUCTS-COMPIOP AGG I -7 MANS-w 51OOCUR PERSONAL&AElV INJURY s 1,000,000 OWNER`S&QDNTAA0T0"PnOT EACH OCCURRENCE s 1,000,DDC FIRE DAMAGE(Any one fire) 6 50,NC MIED EXP("one person) 8 5,000 AUTOMOBILE LIABILITY ANY AUTO OOMff(NED SINGLE ULKr a ALL OMW AUTOS N=ILY INJURY SCHEDULED AUTOS r-P—) HIRED AUTOS DOMY94AARY NON-OWNED AUTOS Tw—ki-0 PRIPPERTY DAMAGE OARAOE LIABILITY AUTO ONLY-EA ACCIDENT 2 ANY AUTO OTt6 THAN^IM &Y: EACH ACCIDENT 8 AGGREGATE t EXCESS LIAI"IJ7V EACH OCGLVS:ffiN('_E I UMBRELLA KAA AGGREGATE $ OTHER THAN UMBRELLA FORM WORKERS epomPENZATIGIN AND m STATU- TORY UMITS EMPLOYERS'LIABILITY FL FArH ACC3riENT T14E PRDPRIETM INCL ELDISEASE.POLICY UMIT S PAWWFAIEMCU71VE OFFICERS ARE EXCL E.DISME-EA EMPLOYEE $ OTHER DE9CrjFnoN OF OPMTIONsAmcA'noKSNmkxmivpEvAL ffms ATTN: SHIRLEY FERRELL-LITTLE 3193� IN 's , .-, 1--m.. ,*' ` IN, I IN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIME EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR To MAIL CITY OF FORT WORTH 10 DAYS WRITTEN NOTICE to THE CERTIFICATE HOLDER NAMED TO TME LB". BUT FAfURE TO NIHIL raICN NOTICE SHALL IMPOSE NO OBLIGATION OR Lawry 1000 THROCK14ORTOKE CDM§W, ITS AGENTS�Nf KINDUPON THE OR FORT WORTH, TX 761020 IIEPAESEKTArIVE iill. ; Or'0 W 8 lmul Alm E0/80 d 801-1 dnov Md N1-11101 viatz:I 1 00-11-80 City of Fort Worth, Texas "Agar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/9/00 C-18002 02MENTAL 1 of 2 SUBJECT CONTRACT FOR FUNDING THE TARRANT COUNTY MENTAL HEALTH COUNCIL RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Tarrant County Mental Health Council to provide for payment by the City to the Tarrant County Mental Health Council of an amount not to exceed $20,000 to assist them in the development and implementation of a comprehensive mental health services plan for the City and Tarrant County. DISCUSSION: Following the shooting in Wedgwood, considerable attention was given to the inadequacy of mental health services in Tarrant County. An even greater sense of urgency was added by Wedgwood in October 1999 at a meeting of CEO's and executives of 35-40 agencies who held a day-long retreat to discuss critical needs, service gaps, and barriers to mental health services. Several startling statistics have come to light. First, Tarrant County spends only $20 per person/per capita on mental health, as compared to the Texas average of $38 per person/per capita and an average of $64 dollars per person nationwide. Second, it appears that Tarrant County is on the extreme lower end of funding received from state and federal sources by large counties in Texas. Third, there is a critical need for beds for teens, ages 14-18, who are in severe crisis and in need of hospitalization. A collaboration of these agencies, several elected officials, as well as a number of individuals who have family members with mental health problems was subsequently formed to address these problems, and to develop a comprehensive mental health plan for our area. The list of agencies involved is attached. It also was determined that each agency/organization would be asked to contribute toward the development and implementation of the plan. To date, approximately $80,000 has been committed. The Meadows Foundation has indicated strong interest in the Mental Health Council in terms of a matching grant as well, because of the focus on mental health and the unique collaboration and financial support of approximately 40 agencies. It also should be noted that the Mental Health Council intends to continue to broaden the support to include other local municipalities within Tarrant County, as well as other school districts. This group, led by executive directors and heads of key mental health organizations, has been meeting and working on action plans. At this point the group has accomplished the following: 1. Established an unprecedented broad base of community support (see attached list); and 2. Held meetings with administrators of the State Health and Human Services Department and Mental Health/Mental Retardation Department; and 3. Started reviewing successful models of community mental health plans throughout the nation's cities; and 4. Reviewed innovative initiatives occurring in other Texas cities; and 5. Committed approximately $80,000 toward this effort; and City of Fort Worth, Texas "afar and couni"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/9/00 C-18002 02MENTAL 2 of 2 SUBJECT CONTRACT FOR FUNDING THE TARRANT COUNTY MENTAL HEALTH COUNCIL 6. Held meetings with the Meadows Foundation on a matching grant for the community; and 7. Currently is applying for an additional state grant (to be awarded to community mental health collaborations); and 8. Established several task forces to actively and effectively address these issues. They are: Programs and Services, Connectedness, Technology, Legislative Initiatives, Fundraising and Grant Writing, and Advocacy and Education; and 9. Established a non-profit corporation (501(c)3) to be fiscal and administrative agent; and 10. Had five articles and one editorial published in the Fort Worth Star-Telegram and one in the Business Press about the Mental Health Council and/or the crisis situation in Tarrant County, and has had a commitment from the Fort Worth Star-Telegram to focus on mental health issues this year; and 11. Met with the Collaborative Leadership Council (CLC) to solicit its leadership regarding public policy and support of this project. The CLC Board has agreed to accept it as a project as well. The City responded admirably to the Wedgwood tragedy, but it is going to take a broad-based community initiative, such as the one proposed by the Mental Health Council, to address the underlying issues that caused this catastrophe and may cause similar tragedies in the future. It would be both prudent and responsible for the City to be an active participant in the larger, long-term solutions, especially those involving the lack of and difficulty in obtaining mental health services in our community. The recommended funding of $20,000 by the City will assist the Tarrant County Mental Health Council in developing and implementing these solutions. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget of the Health Department in the General Fund. No funds were budgeted for this purpose, however, the department has realized savings in other areas, which will offset this expenditure. LW:CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVE.) Libby Watson 6183 CITY COUNCIL Originating Department Head: Libby Watson 6183 (from) MAY 9 2000 GG01 539120 05010000 $20,000.00 `�Wc—lj Additional Information Contact: City Ewmetan of the City of Fort Worth,Tons Shirley Ferrell 6110