HomeMy WebLinkAboutContract 28348 STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TAR[2ANT §
AND DENTON CITY. -CRARY g
CrJN fRACT NO.
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant and Denton Counties,Texas, acting as administrator for the Child Mental Health Initiative
Co-operative (CMHI) Agreement for the Mental Health Connection of Tarrant County (MHC)
hereinafter called"City",by and through its duly authorized Assistant City Manager,Libby Watson,
and the Mental Health Mental Retardation of Tarrant County, an agency doing business in Texas,
hereinafter called "Consultant", acting through Jim McDermott, Ph.D. its duly
authorized Chief Executive Officer
1. Scone of Services.
In accordance with the highest professional standards,Consultant agrees to provide the services
of consultation and evaluation. The specifics of such consultation services are listed in Attachment
1—"Scope of Work", attached hereafter and incorporated into this agreement hereby. Consultant
shall follow any and all standards as deemed necessary by the U.S.Department of Health and Human
Services for the CMHI Agreement and as described in the Grant (the Grant) to fund the CMHI
Agreement.
2. Compensation:
a. The amount to be paid to Consultant for all services performed hereunder shall be
$200,000 per year, hereinafter "Consultant's Fee", which shall include all expenses incurred by
Consultant.
CRL 12.18.02v2 l"F-0;L7z: 4 R 4 t',"'I"'.
Mental Health Contract 1
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b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in Section 1, "Scope of Services",for the fee described in Section 2.a.
3. Term.
The term of this Contract shall commence upon date of full execution by City and Consultant and
shall terminate September 30, 2003, unless terminated earlier as provided herein.
4. Termination
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice,Consultant shall immediately discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 4.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Consultant documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated by City or by the U.S.
Department of Health and Human Services in any fiscal period for any payments due 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 City of any kind
whatsoever,except as to the portions of the payments herein agreed upon for which funds shall have
been appropriated. City has informed Consultant that,concurrently with approval of this Contract,
CRL 12.18.02v2
Mental Health Contract 2
City intends to appropriate 100% of the funds specified in this Contract, so that all funds will be
budgeted and appropriated prior to the commencement date of this Contract.
C. Upon termination of this Contract for any reason,Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
S. Indemnification.
CONSULTANT SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS,
AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS,DAMAGE,LIABILITY OR
EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO
ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR
EMPLOYEES OF CONSULTANT OR SUBCONTRACTORS,WHICH MAY ARISE OUT
OF ANY ACT, ERROR OR OMISSION IN THE PERFORMANCE OF CONSULTANT'S
PROFESSIONAL SERVICES. CONSULTANT SHALL DEFEND AT ITS OWN EXPENSE
ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM
SUCH ACT,ERROR OR OMISSION;AND SHALL PAY ALL EXPENSES AND SATISFY
ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM
OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH ACT,
ERROR OR OMISSION.
6. Insurance.
a. Consultants shall not commence work under this Contract until it has obtained all
insurance required under this section and until such insurance has been approved by the City, nor
shall Consultant allow any subcontractor to commence work on its subcontract until all similar
insurance of the subcontractor has been so obtained and approval given by the City.
b. Workers' Compensation Insurance. Consultant shall take out and maintain during the life
of this Contract statutory Workers'Compensation Insurance for all of its employees performing any
of the services hereunder,and,in case any work is sublet,Consultant shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by Contractor's insurance. In case any class of
CRL 12.18.02v2
Mental Health Contract 3
employee who engages in hazardous work under this Contract is not protected under the Workers'
Compensation statute, Consultant shall provide and shall cause each subcontractor to provide
adequate and suitable insurance for the protection of employees not otherwise protected.
C. Automobile Liability Insurance.Consultant shall take out and maintain during the life of
this Contract such Automobile Liability Insurance to include One Million Dollars($1,000,000)each
accident on a combined single limit or Two Hundred Fifty Thousand Dollars ($250,000)property
damage and Five Hundred Thousand Dollars ($500,000)bodily injury per person,per occurrence,
whether vehicle is owned, leased, or hired.
d. Proof of Insurance Coverage. Consultant shall furnish the City with a certificate of
insurance as proof that it has obtained for the duration of this Contract the insurance amounts
required herein. Consultant's insurance policy shall provide that the insurer shall give the City thirty
(30) days'prior written notice before altering, modifying or terminating the insurance coverage.
7. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor and not as
an officer, agent or employee of the City. Consultant shall have exclusive control of, and the
exclusive right to control, the details of the work performed hereunder and all persons performing
same and shall be solely responsible for the acts and omissions of its officers,agents,employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the.City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
CRL 12.18.02v2
Mental Health Contract 4
8. Disclosure of Conflicts.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any
existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest
which develop subsequent to the signing of this Contract.
9. Right to Audit.
Consultant agrees that the City shall, until the expiration of three(3)years after final payment
under this Contract,have access to and the right to examine any directly pertinent books,documents,
papers and records of the Consultant involving transactions relating to this Contract. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. The City shall give Consultant reasonable advance
notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall,until the expiration of three(3)years after
final payment under the subcontract,have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions to the
subcontract,and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
CRL 12.18.02v2
Mental Health Contract 5
10. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. M/WBE Goals; Nondiscrimination.
a. Consultant acknowledges its commitment to meet or make"good faith"effort to meet the
City of Fort Worth's goals for Minority/Women-owned Business Enterprises(M/WBE)participation
in City contracts. M/WBE participation was one of the evaluation criteria used in the award of this
Contract;therefore,failure to comply may result in the Consultant being classified as nonresponsive
and being barred from City work for a period of not less than six months. Consultant agrees to
furnish documentation of NVWBE participation such as canceled checks, etc., or such evidence as
may be deemed proper by the City of Fort Worth. At the present time this paragraph does not apply
since Consultant has not retained nor has any plans to retain the services of any subcontractors in
connection with the performance of this Contract.
b. As a condition of this Contract, Consultant covenants that it will take all necessary
actions to insure that,in connection with any work under this Contract,Consultant,its associates and
subcontractors,will not discriminate in the treatment or employment of any individual or groups of
individuals on the grounds of race, color, religion, national origin, age, sex, sexual orientation or
disability unrelated to job performance, either directly, indirectly or through contractual or other
arrangements.
12. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the State of Texas.
CRL 12.18.02v2
Mental Health Contract 6
b. Should any action,whether real or asserted, at law or in equity,arise out of the terms of
this contract, venue for said action shall be in Tarrant County, Texas.
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Mental Health Contract 7
EXECUTED on this, the '7 day of , 20 a-?
MENTAL HEALTH AND MENTAL CITY OF FORT WORTH
RETARDATION OF TARRANT
COUNTY
im cDermott,PhD y Wats
Chief Executive Officer Assistant City Manager
Attest: Approved as form and legality
4—i� (� -44�' ems,, I - A 66 ,
oria Pear so Assistant City Attorney
City Secret U
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Attachment#1 —Scope of Work
❖ Conduct funded research designed to measure consumer outcomes and systems change--
Ensure that evaluation research projects are on time and on budget unless modified by funding
source.
❖ Communicate effectively with funding agency personnel. Respond to Program Director's
concerns within one week; calls Program Director's attention to major project problems within
one week;provides requested project reports in designated time frames.
® Quarterly reports within ten days of end of quarter
® Baseline report within one month of end of year 1
•e• Meet the major evaluation goals. The major evaluation goals are (1) to assess the extent to
which the system-of-care reform for Community Solutions was implemented; (2)to collect
and report data which can be used to guide continuing adjustments and refinements based on
a utilization-focused evaluation model; and(3)to provide data to the national evaluation
efforts of the Center for Mental Health Services (CMHS) as required.
❖ Achieve its goals by first, conducting process evaluation to assess (1)whether the project was
implemented as planned, (2b)whether fidelity to selected models was maintained, and (3)
whether stated goals and objectives were accomplished. Second, to develop a participatory,
utilization-focused model for local evaluation. The Team will conduct a three-year
longitudinal study that will become a part of and enhance the national evaluation by tracking
differences in service utilization trends and outcomes of children/youth and their families.
❖ Work with CMHS,national evaluation contractor, CAB, and project management team to
develop a comprehensive assessment for the national and local evaluation.
❖ Use the Child and Adolescent Functional Assessment Scale(CAFAS),Behavioral and
Emotional Rating Scale (BERS),Descriptive Information Questionnaire at baseline and
follow-up,Youth Satisfaction Questionnaire Abbreviated Version(YSQ-A) and Family
Empowerment Scale (FES)with its psychometrics shown below for client evaluations. All of
the instruments will have a Spanish version.
❖ Follow-up with individuals for three years after entry into the wraparound process. There will
be up to 310 participants in the follow-up phase. The window for the follow-ups will be three
months before and after the actual due date.
❖ Participate in all technical assistance and training activities related to the national evaluation
which will be integrated into local data management.
❖ During the first year, the evaluation team will assess the feasibility of either creating a new
centralized MIS or building upon the collaborative system(Safety Network) already existing
in the community.
❖ Descriptive reports will be based on the participatory utilization-focused self-adjusting
treatment evaluation model. Also, these reports will discern the relationship of system of care
and wraparound process to the intensity of services delivered.
❖ Assess the impact of involvement in community partnerships in providing services to clients
when funded for evaluation. Develop assessment tools and statistical indicators of the
partnership services to clients as requested; analyze data results into meaningful information
that is 85%user-friendly.
❖ Participate in internal and external service committees that support and further the goals of
CRL 12.18.02v2
Mental Health Contract 9
the project. Serves on community committees as needed; disseminate pertinent information
gained from committees to relevant TCMHMRS staff; attends scheduled meetings and joins
in conference calls; takes active role in committee's work; cooperates with requests (faxed
and otherwise)within requested deadline;provides relevant current research articles to
others.
❖ Protect human subjects in the project through the ongoing operation of an Institutional Review
Board(IRB). Maintain meeting composition requirements stated in the Code of Federal
Regulations,45 CFR 46; certifies to the Secretary of Health and Human Services that
applicable federal research has been reviewed and approved by an IRB; immediately reports any
alleged research misconduct to the Client Rights Officer(CRO)per IRB Operating Procedure.
❖ Ensure responsible stewardship of personnel, capital and asset resources consistent with policy
and procedures of the agency. Ensure personnel actions reflect the best interest of those who
seek services;problems needing resolution shall be addressed within one week of discovery;
account for capital resources through compliance with separation of control for 100%of all
funds; and account for assets through inventory control of the agency.
❖ Honor all duties as described in the Community Solutions SA HSA grant number U79
SM54497-01
Cn 12.I8.02v2
Mental Health Contract 10
it
City of Fort Worth, Texas
)Kayor ana Oosincid twommeadfatiost
DATE REFERENCE NUMBER OG NAME PAGE
L
12/17/02 **c_1 9389 50HEALTH 1 of 3
SUBJECT EXECUTE AN ANNUAL EVALUATION SERVICE CONTRACT FUNDED BY A GRANT
FROM THE U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A CHILD
MENTAL HEALTH INITIATIVE CO-OPERATIVE AGREEMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an annual contract with
the department of Mental Health and Mental Retardation of Tarrant County (MHMRTC) in the amount of
$200,000 for evaluation services for the period September 30, 2002, through September 29, 2003.
DISCUSSION:
Following the shooting in Wedgwood, considerable attention was given to the inadequacy of mental
health services in Tarrant County. As a result, in October 1999, a daylong retreat made up of executive
staff from 35-40 agencies was held to discuss critical needs, service gaps, and barriers to mental health
services. The Mental Health Connection (MHC) of Tarrant County, which consists of agencies, several
elected officials and 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 the area. Earlier this year, the MHC received a grant from the U.S. Department of Health and
Human Services for the Child Mental Health Initiative (CMHI). At the request of MHC, the City has
agreed to take the lead in submitting the CMHI by functioning as the administrator of the funds with no
direct service provision.
The goal for the CMHI, "Children's Voices, Family Choices, Community Solutions: Building Blocks for
Healthy Families", is to create a new way of providing mental health services for a child with severe
emotional disturbances. The evaluation contract is one that is required by the funding agency (the
Substance Abuse and Mental Health Service Administration, or SAMHSA). The MHC selected
MHMRTC as the most qualified for this contract. The evaluation will assess the effectiveness of a new
system that is created to provide mental health services. These services will be evaluated on
accessibility, responsiveness to the target audience, and the extend in which services are driven by the
child and family seeking care.
This agency was included and accepted by the granting agency as an approved participant during the
grant application process. All funds for this contract are provided by the grant.
The scope of work for this evaluation service contract is as follows:
• Conduct funded research designed to measure consumer outcomes and systems change; and
• Ensure that evaluation research projects are on time and on budget unless modified by funding
source; and
• Coordinate, organize, design, and write the evaluation section and other research components
of grant proposals with research team; and
C aty of b'oa't Worth, Texas
inayor and 0oomeid 0oomomsemication
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 **C-19389 50HEALTH 2 of 3
SUBJECT EXECUTE AN ANNUAL EVALUATION SERVICE CONTRACT FUNDED BY A GRANT
FROM THE U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A CHILD
MENTAL HEALTH INITIATIVE CO-OPERATIVE AGREEMENT
• Write plans to conform to research standards and adequate budget support; and
• Assess the impact of involvement in community partnerships in providing services to clients
when funded for evaluation; and
• Develop assessment tools and statistical indicators of the partnership services to clients as
requested and analyze data results into meaningful information that is 85% user-friendly; and
• Write guidelines concerning research protocol, methodology, strategy, and analyses in a form
usable by other staff members; and
• Design and modify questionnaires and forms as needed; and
• Design and write computer programs for scientific applications and set up data management
system; and
• Communicate research results to colleagues through journals, periodicals and other media and
present papers at conferences and institutes (may author articles, papers, and reports for
publication or in-house distribution).
In the new process, families will play key roles in working with case managers in determining the care
to be provided. The same case manager will stay with the family during the time the child receives
mental health services and will assure that other service providers collaborate in providing care to the
child. The target population for this project is any Fort Worth Independent School District school-age
youth between the ages of 4 and 18, who has been diagnosed with a severe emotional disturbance.
These youth are further defined as being at-risk for removal from school or home due to the symptoms
of their mental illness.
Providers in mental health, education, juvenile justice, health, substance abuse and child welfare will
participate in developing this system change.
City of Fort Worth, Texas
Mayor and 60khele COPONINIfthicatooft
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 **C-19389 1 50HEALTH 3 of 3
SUBJECT EXECUTE AN ANNUAL EVALUATION SERVICE CONTRACT FUNDED BY A GRANT
FROM THE U. S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A CHILD
MENTAL HEALTH INITIATIVE CO-OPERATIVE AGREEMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
LWA
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GR76 539120 050416781010 $200,000.00
Libby Watson 6183
Originating Department Head:
Daniel Reimer 7201 (from) APPROVED 12/17/02
Additional Information Contact:
Letha Aycock 7204