HomeMy WebLinkAboutContract 28349STATE OF TEXAS §
I�NOW ALL BY THESE PRESENTS:
COUNTiE,S OF TAK1tANT §
AND DENTON ��Y Y ���R�T'�i1/ �} (�3j ] �
�C�Ni�I�CT �. _t�.tl_ .��� ..
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This Contz'act is made by �he City of Fori Worth, Texas, a municipal corporation situaied in
Tarran# and Denton Counties, Texas, acting as adrninistrator for the Child Mental Health 7nitiative
Co-operative {CMH�} A�eement for the Mental Health Connection of Tarrant County (MHC)
through its duly authorized Assistant City Manager, Libby Waison, hereinaf��r called "City", and
Zanda Hilger, M.Ed, LPC, an expert on cultural cam.peiency, doing business in Texas as Z-Quest,
hereinafter called "Consultant", both partzes acting herein by and through their duly authorized
representatives:
1. Scone of Servxees.
In accordance with the highest prafessional standards, Cansultant agrees to provid� the services
of consuitation.
The specifics af such cons�tation seroie�s are listed in A�tachment 1—"Scope o�' Work",
attached hereaf�er and incorporated into this Contract hereby. Consultani shall foIlow any and all
standards as daemed necessary by the U. S. Departrnent of Health and Hurnan Services for the CNffII
Agreement and as described in the Graz�.t (�he Grant} to fund the CMHI Agreeinent.
2. Comuensation:
a. The amount to be paid to Cons�tltant �ox a11 services p�rformed hereunder shali be
$28,Q00 per year, hereinaf�er "Consultant's Fee", which shall include all exp�n�es incurred by
Cl2L 12.18.02v2
Menta! Heaith Contract
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Consuitant. Consultant shall submit a quarterly bzll ten (10) days aiter each quarker to the City
detailing Consultant's tirne and expenses for payment.
b. It is understood that this Contract contemplaies the pxovi.�ion of full and complete
consulting services for this project, including any and all neeessary changes or contingencies to
complete the work as outlined in Section 1, "Scope of Services", for the fee described in �ection 2.a.
c. Cansultant agrees that it �vill not seek additional compensatian from the City beyond that
which was explicitly approved and recei�ed for by the Grant.
3. Term.
The term of ihis Contrac� shall cominence upon dat� of full execution by City and Consultant and
shall term�nate an September 30, 2003, unless ternxinated earlier as provided herein.
�. Termination.
a. City may terminate this Coni�ract at any tirne for any cause by notice in �cvriting to
Consultant. Upon the receipt of su�h notice, Consultant shall immediately discontinue all services
and work and the placin� of all arders or the entering into contracts for a11 supplies, assistance,
facilihes and materials in connection with the perfoz�axice of this Contract and shall praceed to
cancel promptly a11 existing contracts insofar as they are chargeable to this Coniract. If the City
terminates ihis Contract under this Section �}.a., th� City shall pay Cont�ractar for services actually
performed in accardance herewith pr�or to such tec�rmminatian, less such payrnents as have been
previously made, in aecardance with a final statement submitted by Consultant documenting the
performance oF such work.
CRL 12.18.02v2
Mental Health Cantract 2
b. In the event no funds or insuffic�ent funds are apprapriated by City or by the U.S.
Departrneni ofHealth and Human Servi�es i� anyfiscalperiad for anypayments duehereunder, City
will notify Cansultax�t of such occurrence and this Contract shall terminate on �he last day of the
fiscal period for which appropriations were received without penalty or expense io City of any lcind
whatsoever, except as to the portians of the payments herein agreed upan for which fiinds shall bave
been appropriated. City has infarmed Consultant that, co�currently with approval of this Cantract,
City intends to appropri�te 100% of the funds specified in this Contraci, so that a11 fiznds will be
budgeted and appropriated prior to the cammencement date of this Co�tract.
c. Upon termination o f this Con�ract for any reason, Consultant shall provide the City with
copies of al1 completed ar partia]Iy complet�d documents prepared under xhis Contract.
5. Indemnifica�ion.
CONSULTANT SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS,
AGENTS AND EMPLOYEES HA�ZINII,ESS FROM ANY LOSS, DAMAGE, LIABILITY OR
EXPENSE FOR DAMAGE TO PROPERTY AND PER�ONAL INJiJRIES, INCLUDING
DEATH, TO ANY PERSON, INCLUDING SUT NOT LIMITED TO OFFICERS, AGENTS
OR EMPLUYEES OF CONSULTANT OR SUBCONTRACTORS, WHICH MAY ARISE
�UT �F ANY ACT, ERROR OR OMISSION IN THE PERF012MANCE OF
CONSULTANT'S PR�FESSIONAL SERVICES. CONSULTANT SHALL DEFEND AT �TS
OWN EXPENSE ANY SUITS OR OTHER PROGEEDINGS BROUGHT AGAINST THE
C`ITY, �TS OFFICERS, AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING
FROM SUCH ACT, ERROR OR OMISSION; �,ND SHALL PAY ALL EXPENSES AND
SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED
AGAINST THEM aR ANY OF THEM IN CONNECTION THEREWITH RESULTING
FROM SUCH ACT, ERROR OR OMISSION.
6. Insurance.
a. Consultants shall no� eommence wark under thi� Contract until it has obtained all
insurance required under this section arzd until such insurance has been approved by the City, nor
CRL 12.I8.02�2
Mental Health Cnntract �
shall Consultant allow any subcont�•actor to cammence work on its subcontract until all similar
�nsurance of the subcontractor has been so obtained and appro�al given by the City.
b. Automobile Liability Tz�surance. Consultant shall take out and maintain during the ]ife of
this Contract such Automobile Liability Insur�nce to include One Millia� Dollars ($1,000,000} each
accident on a combined single limit or Two Hundred Fifty Thousand Dollars ($250,000) praperty
darnage �nd Five Huncired Thousand Dollars ($Sd0,000) bodily injury per person, per occurrence,
whekher vehicle is owned, leased, or hired.
c. Proof of Insurance Co�erage. Consultant shall furnish the City with a certificate of
insurance as proof that it has obtained for tI�e duration of this Contract the insurance aznaunts
required l�erein. Consultant's insurance policy shall pravide that the insurer s�all gi�e the Citiy thirty
(30) days' prior written notice before altering, moc�ifying or ternninating the insurance coverage.
7. Indeuendent Contractor.
�onsuitant shall perform all work and services hereun.der as an independent contractar and nat as
an officer, agent ar ernpiayee of the City. Consultant shall have exclusive control of, and the
exclusive right to control, the detaiIs of the work perfarmed hereunder and all persons performing
same a.nd sIiall be solely responsible for the acts and omissions of its officers, agents, eznployees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
ihe City and the Cansultant, iis officers, agents, employees and subcontractars; and the doctrine of
respondeat superiar shal] have no application as between the City and the Consultant.
S. Disclosure of Conflact,s.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any
existing ar patentiai conflicts of interest related to the servic�s ta be perEo�-rned hereunder.
CRL 1218.02v2
Mental Health Conlract 4
Cansultant further warrants tk�.at it wi11 make prompt disciosure in writing of any conflict� af interesi
which develop subsequent to the signing of this Contract.
9. Ri��t to Audit.
Consultant agrees that the City shall, uzatil t�a.e expiuration of three (3) yeaxs after fina.l payrnent
under this Contract, have access to and the right to examine any directly pertinent boaks, c�ocuments,
pap�rs and records o� th� Consultant involving transaetions r�lating to this Contract. Consultant
agrees that the Cxty shall have access du�ng normal warking hours to all �ecessaxy Consultant
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
cornpliance with the provisions of this sectiana The City shall give Consultant r�asonable adva.nce
notice of intended audits.
Consuliant fiirther agrees to include in all its subcvnt�actor agreements hereunder a pro�ision to
the efFect that the subcantractor agrees that the City shall, uritil the e�cpiration af three �3) years a.f�er
final payment under �he subcontract, have access to and the right ta examine any directly pertinent
boaks, documents, papers and r�cords of such subcontractor involving transactions to th�
subcox�tract, aud fi�rthez that City sha11 have access duzi�ng norrnal worki�ng hours to all subcontractor
facilities and sha11 be pravided ac�equate and appropriate work space in order to conduct audits in
compliance wiih the provisions of this paragraph. City shall gi�re subcantractor reasonable ad�vance
natice a#'intended audits.
10. Prahibition of Assi�nment.
Neith�r party hereto shall assign, sublet or i�ransfer its intezest herein without the prior written
consent of the other party, and any atterzipted assignment, sublease or iransfer of all or any part
hereof without such prior written consent shall t�e void.
CRL 12.18.02�/L
Mental FIealth Coniract
ll. MIWSE Goals; Nondiscrimination.
a. Consultant acknowledges its commitment to meet or make "good faith" effort ta meet the
City af Fart Worth's goals for Minority/Women-o�ned Business Enterprises (M/V�BE) participatian
in City caniracts. MIWBE participatian was one of the evaZuation. criteria used in the award of this
Contract; therefore, failure to complymayresult in the Consnitant being classified as nonresponsive
and being barred from Ciiy wark far a periad of not less tllan six months. Consultant agrees to
furnish documentation of M/WBE participaiion such as canceled checks, etc., or such evidence as
may be deemed prop�r by th� City of Fort Worth. At the pres�nt time this para�raph does not apply
since CQnsultant has r�ot retained nor has any plar�s to retain tb.e services of amy subcontractors in
connection with ihe perforrnance of this Contract.
b. As a candition of this Contract, Consultant covenants that it will take a11 necessary
actian� to insure that, in coannectioz� with any woz'k uz�der this Cont�ract, Ca�nsultax�t, its assoc:iates and
subcontractars, wi1l not discriminate in the treatment or e�playment of any individual or groups of
individuals on the grounds of race, color, religion, natianal origin, age, sex, sexual arientation ar
disability unrelated to job performance, either diractly, indirectly or through contractual or other
arrangements.
1�. C�oice af Law: Venue.
a. This Contract shall be construed in accordance with the interrial law of the State of Texas.
b. Should any action, whetiher real or asserted, at Iaw ar in equity, arise out of the terms of
this cantract, venue for saad action shall be zn Taxirant County, Texas.
CRL 12.1$.02W1
Mental �-Iealth Conh•act 6
EXECUTED on this, the �"�iay oi �. --a� _���, 20 i�
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Busin � s Name
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By � . _ �� �._ � _ .�—
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Attest:
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City
Approved as form and legality
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Assistant �it Attorne U
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�Or������ �uth4xi�8tion.
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Menta] HealEh Contract
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CITY�QF FQRT WORTH
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�bby Wa on
Assistant City Manger
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Aitachment 1— Scope of Work
1. Develop, caordinate ant� direct culturally competent activities for Community Solutians.
2. Ensure compfiance with Title Vi oFthe Civil Rights Act.
3. Ensure campliance wiih cultural and linguistically appropriate standard (CLAS) in Health
Caz�e and those included in CMHS' Cultural Competence Standard publicaiion.
4. Recommend the incorparatia� of culturally appropriate pracrices in individualiz�d service
plan such as using ihe preferred Ianguage of the child and their family; nurturing the strengths
and customs of the child and their family; recognizing behaviors and beliefs af the child and
their family that are normal in their culture.
5, Develop cultural advocates who wi11 pariicipate in the planning, development and
implementation of system of caare. These advacates will be a part of variaus racial and et.hn.ic
minority groups.
6. Ensure that the management plan, staffing pattern, projeci organization and resources are
appropriate and sensitive to issues of Ianguage, age, gender, sexual orien#ation aazd race
ethnicity and cult�re.
7. Ensure that service providers reflect the racial and ethnic com}�ositian of the target
population.
8. Advocats and adclress disparities in access to care, quality of servicss, availability af effective
clinical interventions, satisfaction with services, and other outcomes far children and th�ir
families from racial or ethnic minority groups.
Cl2L 12.18.02v2
Menta] Health Contract g
�'ity of �o�� d�o��h, T'exa�s
�r�r �� G�r���je ������lc�fi�r�
�ATE REFER�NC� NUMBER LOG NAME PAGE
12/17/02 **�_� ���Q 50MENTAL 1 of 3
sue,��cr EXECUTE AN ANf�UAL CULTURAL COMPETENCY SERVICE CONTRACT FUNDED
BY A GRANT FR�M THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERV�CES
FOR A CHILD MENTAL HEAL.TH NNIT[ATIVE CO-OPERATEVE AGREEMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an annual contract with
Zanda Hifger, M.Ed in the amount of $28,000 far cultural campetency services �or the period 5eptember
30, 2002, through 5eptember 29, 2003.
D�SCUSSION:
Follflwing the shooiing in Wedgwaad, cons�derable attention was giver� ta the inadequacy of inental
health services �n Tarran� County. As a result, in October 1999, a daylong retreat made up af executive
staff fram 3��40 agencies was held to discuss critical n�eds, service gaps, and barriers to mental health
ser►rices. The Mental Health Connection (MHC} of Tarrant County, whieh �ansists of agencies, several
elected officials and a number of �ndividuals wha have family� members with mentai health probEems,
was subsequently farmed to address these problems and �o de�elop a comprehensi�e mental health
pfan for fhe area. EarlEer this year, the MHC received a grant from the 11.5. Department af Health and
Human Services far the Child Mental Health Initiati�e (CMHI). At the request of MHC, the City has
agreed to take the lead in subm�tting the CMHI by fiunctioning as the adm�nistrator of fihe funds with no
direct service offered by the City.
The goal for the CMHI, "Children's Voices, F'amily Choices, Community Salutions: Building Bloc�ts for
Hea{thy Families", is to create a new way of praviding menta[ health serrrices for children with s�vere
emational disturbances. Cultural cor�petency is a component that is r�quired by the funding agency
(the Substanc� Abuse and Mental Health S�rvice Administration, ar SAMHSA), The MHC decided that
the bes# way to meet t�is requirement was to cantract wi#h Zanda Hilge�, M.Ed as the most qualifi�d for
this contract.
This agency was included and accepted by the granting agency as an approved participant during the
grant application process. All funds for #his contracfi are pro�ided by fhe grant.
The scope of work for this Cultural Competency service contract is as follows:
• De�elop, caordina�e and direct culturally competent actirrities for Community 5olutions; and
Ensure compliance with Title VI of the Civil Rights Act; and
� Ensure compliance with Cultural and l.inguistically Appropriate Standard {CLAS) in Heal#h Care
and thase included in CMHS' Cultural Competence Standard publicatian; and
�'ity o, f �o�t Worth, 7'�xas
y�� �� �����l� �����r�i�afi��
DAT� REFERENCE NUMBER I LOG NAME ��MENTAL , P�G� 2 Of �
1z117102 *�`{;�19390 i
SUB.]ECT EXECIJTE AN ANNUAL CULTURAL C�MPETENCY SERVICE CONTRACT FUNDED
BY A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOR A CHILD MENTAL HEALTH 1N1T1ATIVE CO-OPERATIVE AGREEMENT
� Recommend the incorparation of cUlturally appropriate practices in individualized service plan
such as using the preferred language of th� children and their family; nurturing the strengths and
custams of the chifdren and their family; recognizing beha�iors and beliefs of the children and
their family that are normal in their culture, and
� De�elop culturaf ad�acates who will participate in the planning, developing and implementing ofi
the sys#em of care. These ad�acates will be a part af �arious racial and ethnic minority groups;
and
� Ensure tha# the management plan, staffing pattern, projecf organization and resources are
appropriate and sensitive to issues of language, age, gender, sexual orientation and race
ethnicity and cultur�; and
• Ensure that service pro�iders refleet the racial and ethnic compositaan of the target population;
anci
� Ad�ocate and address dispari�ies in access to health car�, quality of services, a�ailabiliiy of
effective clinica[ interventions, satisfaction with services, and other outcomes far childrer� and
their families firom racial or ethnic minority graups.
In the new pracess, fami{ies will play key roles in working with case managers in determining the care
ta be pro�ided. The same case manager will stay with the famify during the �ime the child teceives
mental health services and will assure fhat other service pro�iders collaborate in p�o�iding care fo the
children. The #arget pflpuiatian for this project is any Fort Vllorth lndepend�nt Schoal District school-
age youth between the ages of 4 and 18, who has been diagnosed wi�h a se�ere emoiional
disturbance. These youih are further defined as being at-risk for r�moval from school or home due to
the symptoms of their mentaf il[ness.
Pro�iders in m�n#al health care, educatian, juvenile justic�, health, substance abuse and child wel'fare
will participate in de�eloping this system change.
�`i�y of'.�'o�t T�T�o�th, T'exas
11�ay�� �d ����ci� ����r����afi��
DATE F�EFERENGE NUMBER LOG NAME PAG�
12117/0� **��� ���8 50MENTAL 3 of 3
SUBJECT EXECUTE AN ANNUAL CULTURAL COMPETENCY SERVICE CONTRACT FUNDED
BY A GRANT FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOR A CH[L❑ MENTAL HEAI.TH INITIATIVE CO-OPERATIVE AGREEMENT
FISCAL INFORMATI4NICERTI�ICATION:
The Finance Direc#or certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
LW:[c
Suhmitted fvr City Manager's
Office by:
Libby Watsnn 6183
Originating llepartment Head:
Daniel Reimer
AdditianRl Ioformation Contact:
I FUND � ACCOUNT
� (tO)
� GR76 53912�
�
7201 (from}
CENTER I AMOUNT
a�0416781010 $28,000.00 �
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CTT'Y S�CR�'I'ARY
APPROVED 12/17/02
Letha Aycock 72a4