HomeMy WebLinkAboutContract 28347STATE OF TEXAS §
KNOW ALL BY THESE PRE5ENTS:
COUNTIES OF TARRANT �
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CONTRACT FOR PRQFES�IONAL CONSULTING SERVICES
This Con�ract is nnade by the City of Fort Worth, Texas, a municipal carporation situated in
Tarrant and Denton Counties, Texas, acting as administrator for the Child Mental Health Initiative
Co-operative (C1Vg'II) Agreeinent for the M�ntal Health Gonneetion of Tarrant County (N�IC)
hereinafter called "City", by and throug� its duly authorized Assistant City Manager, Libby Waison
and The United Way of Metropolitan Tarrant County, a non-profit agency doing business in Te�as,
hereinafter called "Consultant", by and through ��(� �p� � , ita duly
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authorized %� a �C�r�F_d�...� �� ��� �
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1. Scope of Services.
In accordance with the tughest pr�fessional standards, GonSultant agrees to provide the services
of consultation. The specifics of such consultation services are listed in AttaChment 1—"�cope of
Work", attached hereafter and incorparated �nto this Contract hereby. Cansulta�at shall follow any �d
all standards as deemed nece�sary by the U.S. Department of Health and Human Servicea for the
GMIiI Agreement and as described in the Grant (the Grant) to fund the CMI� Agreeme�t.
2. Conn�ensation:
a. The amount to be paid to consultant for all services perFormed hereunder shall be $6Q,QQ0
per year, hereinafter °Consultant's Fee", which sha11 include any and all egpenses incurred by
Consultant. Consultant shal� submit a quarterly bill ten {10) days afte:r each quarter to the City
detailing C.onsultant's time and expenses for payment.
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lVIental Healih Contract 1
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b. It is undez��tood tl�,ai t�is Cantract contemplates the pravisian of full and cornplete
const�iting services for this projecf, includ�ing any and all neces�ary chan�es or contingencies to
complete the work as outlined in Section 1, "Scope of Sezvices", for tha fee described i� Section2.a.
c. Consultant agrees that it will not seek additional compensation from the City beyond that
which was expGciily approved and received for by the Grant.
3. Term.
The term of t�is Contraet shall cammence upon date of full execution by City and Consultant and
shall terminate the Septen:�ber 30, 20p3, unJess terminated earlier as provided herein.
4. Termination.
a. City may terminate ihis Contract at any time for any cause by notice iu writing to
Consultant. Upon the receipt ofs�ch notice, Consultant shall immediately discontinue all services and
wark and the placing of all orders ar the entering inta contract,s for all supplies, assi�tance, facilities
and materials in connection with the perfarmanca of this Contract and shall proc�ed to cancel
promptIy all existing contracts insofar as they are chargeable to this Contraci. If the City terminates
this Contract under this �ection 4.a., the City shall pay Contractor for services actually perform�d in
accordance h�rewith prior to such termination, less such payments as have been previously rnade, in
accor�la.nce with a final state�ent submitted by Consultant documeniing the performance of such
�vork.
b. In the event no funds or insufficient fiands are apprc�priated by City or by the U. �.
Depa.rtment o£Health and Human Services in any fiscal period far any paymEnts due hereunder, City
will notify Consultant of such occurrence and this Contract sha11 terrninaie on t�ae �ast day af the fiscal
period for which apprapriaiions were recei�red withaut penalty or expense to City of any kind
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Mental Healifi Contract 2
whatsoever, except as to the portions of ih� payments herein agreed upan for which funds shall ha�e
been appropriated. City has in£ormed Consultant that, concurrently with ap�roval of this Cantz-act,
City intends ta app�'apriate 100% oF the funds spec'tfied in this CQntract, so that all fimds will be
budgeted and appropriated prior to the commencement date of this Contract.
Upon termination of this Contract for any reason, Consultant sha11 provide the C�ty with
copies of a11 compieted or partially completec� documents prepared under tivs Contract.
�. Indemaification.
C4NSULTANT SHALL INDE�Y AND HOLD THE CITY �ND ITS OFFICERS,
AGEI�TTS AND ENiPLOYEES AARMI,ESS FROM ANY LOSS, DAMAGE, I.TABII1iTY OR
EXPEI�SE FOR DAIVIAGE TO PROPERTY AND PERSOliTAL INJURIES, IllTCLUDING
DEATH, TO ANY PERSOl�T, INCLiTDI1�G SUT 1�T�T LIlVIITED TO OFFICERS, AGENTS
OR EMPLOYEES OF CONSULTAI�T OR SUBCONTRACTORS, WffiCH M.�+iY ARISE
OUT OF ANY ACT, ERROR �R �1VRSSIOI�T IN THE PERFORMANCE OF
CONSULTANT' S PROI+'ESSIONAL SERVICES. CONSULTANT SAAi1L DEFFND AT ITS
OWN EXPENSE Al�TY SUIT� OR OTHER PROCEEDINGS BROUGHT AGAINST THE
CTTY, ITS OFFTCER5, AGE�TTS ArTD Eli�iPL0YEE5, OR A�1Y OF THEM, RESULTING
FROM �UCH ACT, ERROR OR OML5�ION; AND SHALL PAY ALL EXPENSES AND
SATISFY ALL JUDGl�'iENTS WH�CH MAY BE INCURRED BY OR RENDERED
AGAIN�T THEM OR ANY OF THEM IN COI+TNECTION THEREWITH RESULTING
FRO�VI �UCH ACT, ERRQR OR O1VIiSS101�.
6. insurance.
a. Consultants shall not commence work under this Conirac� until it has obtained all
insurance required under this section and un�il such insurance has been approved by the Czty, nor sha.l�
Consultant allow any subcontractar to commence work on its subcontract until all similar insurance of
the subcontr�.ctor ha� been so obtained and appraval given by the City.
�. Workers' Campensation Insurance. Consulta:nt shall take out and maintain during th� life
of this Contract �tatutory Workers' Compensation Tnsurance for all af its employees perfornung any
of the services hereunder, and, in case any work is sublet, Consultant shall require the subcontractor
CRL 12.05.U2
Mental Healfh Confract 3
similarly to provide Worlcers' Compensation Insurance for all of the latt�r's employees unless such
employees are co�cred by the pratecf�on afFarded by Contractor's insurance. Tn case any class of
employee who engages in hazardous work under this Contract is nat protected under the Workers'
Compensation statute, Cansultant shall provide and shall cause each subcontractor ka provide
adequate a�d suitable insurance for �he protection of ernployees not otherwise protect�d.
c. Business Automobile Liability Insurance. Consultant shall take out and maintain during
the life of this Contract such Business Automobile Liability T�surance to i�nelude One Million DoIlars
($1,p00,00U) each accident on a cornbined single limit, or Tr�o Hundred Fifty Thousand Dollars
($250,OOQ) property da�nage and Five Hundred Thousand Dollars ($5Q0,000) bodily injury per
person, per occurrence.
d. Proof of Insurance Coverage. Consulta�nt shall furnish the City with a certificate of
insurance as proof that it has obtained for the duratian of this Contract the insurance amounts
requ�ired herein. Consultant's insurance policy s�aIl provide that the insurer shall give the City thirty
(30) days' pr�or written notice before altering, modif}+ing oz- temzinating the insurance coverage.
7. Indeuendent Cantractor.
Consultant shall perform all wark and sen+ices hereunder as an independent contractor and not as
an offic�r, agent or employee of the City. Consultant shall have exclusive control af, and the
exclusive right to control, th� details of the work performed hereunder and alI persans performing
same and shall be solely responsible far the acts and omi�sions of its officers, agents, employees and
subcontractors. Nothing hezezn shall be construec� as creating a partnershi� or joini venture between
the City and the Gonsultant, its officers, agents, emplayees and subcontractors; and the doct�ine of
respondeat superior shall have no application as between the City at�d the Cansultant.
CRL 12,p5.02
Mental Healfh Contract ¢
8. Disclosure of Cont�icts.
Consultant warrants to the City o�Fort Worth that it k�as made fuil disclosure in writing of any
existing or patenfiial conflicts of in�erest related to the services ta be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts oiinterest
which develop subsequent to the signing of �his Contract.
9. R'r�ht to Andit.
Consultant agrees that the City sha11, until the expiration o� three (3) years after final payment
under this Contract, have access to and th� right to exam�ne any diractly pertinent books, documents,
papers and records of the Consultant ir�volving transactions relating fia this Contraci. Consultant
agrees that the City shall have access during normal working hours ta all necessary Consultant
facilities and shall be provided adequare and appropriate warkspace in order to conduct audit5 in
compliance with the provisions of this section. The City shall give Consulta,rit reasonable aci�anc�
natice of intended audits.
Cansultant further agrees to i�clude in a11 iis subcontractor agreements hereunder a provision to
fhe effect ihat the subcontractor agrees that the City shalj, until the expiration of three (3 } years after
�nal paymer�t under the subcontract, ha�e access to and the righfi 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 adequata and appropriate work space %n. order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
natice af intended audits.
CRL,12.05.02
14lanfal Health Cantrast J
10. Prahibitian af Assi�nment.
Neither party hereta shall assign, sub�et or transfer its interest herein without the prior written
consent o� the other party, an,d any attempted assigrament, sublease or tra,r�sfer of all or any part
hereaf without such prior written consent shall be void.
1i. M/WBE Goals: Nondiscr�mination.
a. Cansultant ac�nowledges its cammitmeni tfl meet ar make "good faith" effort to meet �he
City flf Fort Worth's goals for Minority/Women-owned Business Enterprises (M/V�BE) participation
in Gity contracis. MIWBE participation was one ofthe evaluation criteria used in �he award of this
Contract; therefore, £a�Iure to comply may result in the Consuitant being classifi�d as nonresp�nsive
and being barred from City work for a period of not less than six months. Consultant agrees to
furnish documentation af 1WI/WBE pa.rticipation such as canceled checks, etc., or such evidence as
may be deemed praper by the City ofFort Worth. At the pr�scnt tim� this paxagraph does not apply
since Consultant has not reta,ined nor has any plans to retain the �ervices oi any subcontractars in
connection with �he performance o�this Contract.
b. As a candition o£this Contract, Consultant covenants that it will talce all necessary actions
to insure that, in connection with any work under this Con#ract, Consultant, it� associates a.�d
subconiractars, will not discriminate in the treatment or exn�loyment of any individual or graups af
individuals on ihe grounds of race, color, religian, national origin, age, se�, sexua.l orieniatian or
disability unrelated to jab performance, either directly, indirectly or throug� 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 12.65.02
Mental IIealth Contract �
b. �Shauld any action, whether real ar asserted, at law or in equity, ariae aut ofthe terms of
this contract, venue for said action shall be in Tarrant County, Texas.
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Menta-1 Health Contracf %
EXECUTED on this, the � day of /�(p�'�(,G((�t�( , 2Q d3
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UNITED WAY OF METROPOLITAN
TARRANT COUNTY
CITY OF FORT VVQRTH
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Title�/j� �,�,,,�(
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Attest:
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Gloria Pe son
City Se etary
Approved as form and legality
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Assistant ity A#torne�
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Contract A�uthoria�tion
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CItL 12_05.�2
Mental Hetdth Contract S
Assistant City Manger
Attachment #1— Scope of Work
1. Deveiop, coardinate and duect social marketing activi�ies far Community Solutions.
2. Coordinate all marketing, advertising and promotional material includi�ng but z�ot limited ta the
developme�at o�a web page, brachures, videos, training materials and public awareness
campaign.
3. Oversee th.e dis�emination of informatian to the public regarding the system of care and its
services.
4. Educate the public ahout the neer�s of c�ildren with serious emotional disturbance and their
families.
S. Educate the public about gaod mental health �ractices for meeting the needs af children with
serious emotional disturbance.
b. Provide support to the family organization associated with the system of care ta zmplement
outreach strategies with families of children with serious emotional disiurbance who are from
racial and ethnic minority groups.
7. Ensure that the sacial rriarketing plan determines t�e informational needs oF �amilies o� school
aged youth ian Fart Worth Independent �chool District.
8. Ensure that messages, materia.ls and activiiies that are developed are in campliance with Ti�le
VI of the Civil Rights Act, CLAS standards and the standards identifi�d in SAMHSA'�
Cultural Compe�ence Standards.
CRI.12.05.D2
Mental Flealth ConEract 9
�'i�y of �o�t T�o�th, TTexas
yr�� �� ����ci� �����i��ca�1��
DAT� REFERENCE NIJMBER LOG NAME PAGE
12/17/02 **�����g� 5DCHI�.D I 1 of 2
5UBJ�CT EXECUTE AN ANNUAL SOC[AL MARKETING SERVICE C�NTRACT FUNDED BY A
GRANT FROM THE U.S. DEPARTMENT OF H�A�.TH AND HUMAN SERVICES FOR A
CHILD MENTAL HEALTH INITIATIVE CO�OPERATIVE AGREEMENT
RECOII/IMENDATION:
li is rec�mmended t�at the City Council authorize fihe City Manager to execute an annual cantract with
the Uni�ed Way of Metropalitan Tarrant County in the amaunt of $60,D�0 for social ma�keting services
for the period September 30, 2002, thro�gh September 29, 2Q03.
D15C115Sf�N:
Following the shooting in Wedgwood, cansiderable attention was gi�en to tf�e inadequacy of inental
health services in Tarrant County. As a result, in �c#ober 1999, a daylong retreat made up of executi�e
staffi from 35-40 agencies was held to disc�ss critical needs, service gaps, and barriers to mental health
services. The Mental Healfh Connection (MHC) of Tarrant County, which cansist of agencies, several
elected officials and num�er af indi�iduals, wha have family members wifh mental heaith problems was
subsequently formed to address these problems, ar�d to develop a comprehensive mental haafth plan
for the City's geographic area. Earlier this year, the MHC received a grant from the U.S. Department of
Health and Human Services for the Cf�ild Mental Health Incenti�e (CMHI)_ At t�e request of MHC, the
City has agreed to fia[ce the lead in submitting the CMHI Agreement and to act as the administratar af
#he funds with no direci service affered by the City.
The goal for th� CMHf, "Children's Voic�s, Family Choices, Community Solutions: Building Bloc�s for
Healthy Families", is #o create a new way of pro�iding mental health services to children wifh sev�ere
emo#ional di�turbances. The social marketing services contracf is ane that is required by the funding
agency (the Substance Abuse and Mental Health Ser�ice Administration, or SAMHSA}. The MHC
selected the United Way as the mos# qualified for this contract.
This agency was included and appraved by the granting agency as an appraved participan# during the
grant application proeess. Afl funds for fhis cor�tract are pravided by the grant.
The scope of war�C for this Social Marketing senrice contract is as follows:
� De�elop, coardinate and direct social marketing activities for Community So[utions; and
� Caordinates all marketing, ad�ertising and pr�mational materia� including, but not limited ta, the
de�elopment o� a web page, hrochures, videos, training maierials and public awareness
campa�gn; and
• O�ersee the disseminatior� of inforr-nation to the public regarding the system of care and its
ser�ices; and
a Educate the public about the needs of children with serious emafional disturbance and their
families; and
City of �o�t �o��h, T'exr�s
�r�r ��i �����i� ������ic�f���
DAT� REF'ER�NCE' NUMB�R LOG NAM� PAGE
121171�2 **�.���g�' 50CHILD 2 of 2
SUBJECT EXECUTE AN ANNUAL SOCIAL MARKETING SERVICE CONTRACT FUNDED BY A
GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES F�R A
CHILD MENTAL HEALTH INITIAT�VE CO-OPERAT[VE AGREEMENT
� Educate the public about good mental h�alth practices far meeting the needs of children with
serio�a� emotional disturbance; and
� Pro��de support ta the family organization associated with the system af care ta implemer�#
ou#r�ach strat�gies with families af children with serious emotianal disturbance wha are from
racial and ethnic minority groups; and
o Ensure that the sacial marketing pla� determines the infarmational needs of families of school
aged yout� in Fort Warth Independent 5chool District; ar�d
� Ensure that messages, materials ar�d activities that are develaped are in complianc� wi#h Title
VI of the Civil Rights Act, CLAS standards and fihe standards identifiied in SAMHSA'S Cultural
Competence 5tandards.
In ihe new process, families will play �ey rales in worEting with case managers in determining the care
ta be pra�id�d. The sam� cas� manager will s#ay with the fiamily during #he time the child receives
mental f�ealt� services and will ass�re ihat ather service pro�iders collaborate in pro�iding care to the
child. The target population for this project is any Fort Worth Independent Schoa! Disirict school-age
youth, be#ween the ages of 4 and 18, wha has been diagnased with a severe emational disturbance.
Th�se you#h are furth�r defined as being at-rislc for removal from school or home due to the symptoms
of their mental illness.
P�a�id�rs in mental healtY�, education, juvenife justice, healih, substance abuse and child weffare will
participate in devefoping this system change.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that funds are available in the current aperating budg�t, as appropriated,
of the Grar�ts F'urrd.
LW:�c
Submitted fvr City Manager's
Office by:
Libby Watson
Originating Department Head:
Daniel Reimer
� FU1�IA
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� GR76
b183 I
7201
(fram)
I A.CCDUNT I CENTER I AMDUN�
539120 0504'[678101D $64,�D0.00
CITY SECRETARY
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I .APPROVED 12/17/02
Additional Infarmation Contact:
Letha Aycock 7204