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HomeMy WebLinkAboutContract 30955 CITY SECRETARY CONTRACT NO. CX � STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT § AND DENTON 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,Joe Paniagua and The United Way of Metropolitan Tarrant County,, a non-profit agency doing business in Texas, -- hereinafter called"Consultant",by and through / > In I-eTe L ,its duly authorized C? 1. Scope of Services. In accordance with the highest professional standards,Consultant agrees to provide the services of consultation. The specifics of such consultation services are listed in Attachment 1—"Scope of Work", attached hereafter and incorporated into this Contract 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 CMIR Agreement. 2. Compensation: a. The amount to be paid to consultant for all services performed hereunder shall be $60,000 per year,hereinafter"Consultant's Fee",which shall include any and all expenses incurred by Consultant. Consultant shall submit a quarterly bill ten (10) days after each quarter to the City detailing Consultant's time and expenses for payment. CRP 10.20.041 Mental Health Contract 1 ] r .o v'J b. It is understood that this Contract contemplates the provision of fall 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. C. Consultant agrees that it will not seek additional compensation from the City beyond that which was explicitly approved and received for by the Grant. 3. Term. The term of this Contract shall commence upon date of full execution by City and Consultant shall terminate September 29,2005,unless terminated earlier as provided herein.City shall have the right to extend this Contract for up to three(3) consecutive one-year renewal terms,provided City and Contractor agree to extend this Contract in writing at least thirty(30)Days prior to the end of the initial term or the then current renewal term.All renewals shall have the same terms and conditions as set forth herein, unless agreed to otherwise in writing by both parties in an amendment to this Contract. 4. Termination. a. City may terminate this Contract at any time for with or without 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 CRP 10.20.041 Mental Health Contract 2 "l�l� S G,R"2,!��/ 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 anypayments 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, 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. 5. Indenmiffication. 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 PERSONAL 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 RE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH ACT,ERROR OR OMISSION. 6. Insurance. CRP 10.20.041 Mental Health Contract 3 NVIL 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 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. Business Automobile Liability Insurance-Consultant shall take out and maintain during the life of this Contract such Business 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. d. Proof of Insurance Coverage. Contractor 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 (3 0) days'prior written notice before altering,modifying or terminating the insurance coverage. CRP 10.20.041 Mental Health Contract 4 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 j oint 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. 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. CRP 10.20.041 Mental Health Contract 5 f, UM Ili" 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. 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 M/WBE 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. CRP 10.20.041 Mental Health Contract 6 'J "�,. °j� �r'' n11 r FIX 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. 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. EXECUTED on this,thec2�— day of , 20 UNITED WAY OF METROPOLITAN CITY OF FORT WORTH TARRANT COUNTY ell By Tim Carter Joe P agu Title President & CEO Assist t City Manager CRP 10.20.04 1 o D r Mental Health Contract 7 cJ l'f'd�' G�� U�15"�J"^`-J I Page 2 of signature page for United Way contract Attest: Approved as form and legality Marty HenWx Assistan i C ty Attorney City Secretary Contract Awthorization Date CRP 10.20.04v1 Mental Health Contract 8 � 1 Attachment#1 —Scope of Work 1. Develop, coordinate and direct social marketing activities for Community Solutions. 2. Coordinate all marketing, advertising and promotional material including but not limited to the development of a web page,brochures, videos, training materials and public awareness campaign. 3. Oversee the dissemination of information to the public regarding the system of care and its services. 4. Educate the public about the needs of children with serious emotional disturbance and their families. 5. Educate the public about good mental health practices for meeting the needs of children with serious emotional disturbance. 6. Provide support to the family organization associated with the system of care to implement outreach strategies with families of children with serious emotional disturbance who are from racial and ethnic minority groups. 7. Ensure that the social marketing plan determines the informational needs of families of school aged youth in Fort Worth Independent School District. 8. Ensure that messages,materials and activities that are developed are in compliance with Title VI of the Civil Rights Act, CLAS standards and the standards identified in SAMHSA'S Cultural Competence Standards. 9. And any other duties/projects as assigned by the Community Solutions, Project Director. CRP 10.20.04 1 Mental Health Contract 9 21rc PAO j �i� u �1 ISV J,59 i IRS. City of Fort Worth,. Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2004 DATE: Tuesday, October 19, 2004 LOG NAME: 50SOCIALMRKTNG REFERENCE NO.: **C-20345 SUBJECT: Execute an Annual Social Marketing Service Contract with "United Way of Metropolitan Tarrant County 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 service contract with the United Way of Metropolitan Tarrant County in the amount of$60,000 for social marketing services for the period of October 18, 2004, through September 29, 2005, contingent upon receipt of the third year funding for a grant from the U.S. Department of Health and Human Services for a Child Mental Health Initiative (CMHI) Co-operative Agreement with three one-year options to renew. DISCUSSION: 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 to children with severe emotional disturbances. The social marketing services contract is one that is required by the funding agency (Substance Abuse and Mental Health Service Administration, or SAMHSA). United Way provided this service last fiscal year, through a contract that was approved on September 30, 2003 (M&C C-19779). United Way 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 from the U.S. Department of Health and Human Services, which was approved by the City Council on April 23, 2002 (M&C-C-1 9063). The scope of work for this social marketing service contract is as follows: 1. Maintain, coordinate and direct social marketing activities for Community Solutions; 2. Coordinate all marketing, advertising and promotional material, including, but not limited to, the development of a web page, brochures, videos, training materials and public awareness campaign; 3. Oversee the dissemination of information to the public regarding the system of care and its services; 4. Educate the public about the needs of children with serious emotional disturbances and their families; 5. Educate the public about good mental health practices for meeting the needs of children with serious emotional disturbances; 6. Provide support to the family organizations associated with the system of care to implement outreach strategies with families of children with serious emotional disturbance, who are from racial and ethnic minority groups; 7. Ensure that the social marketing plan determines the informational needs of families of school aged youth in the Fort Worth Independent School District; 8. Conduct focus groups or research pools to determine community perceptions on mental health; and 9. Ensure that messages, materials and activities that are developed are in compliance with Title VI of the Civil Rights Act, CLAS standards and the standards identified in SAMHSA's Cultural Competence Standards. T n(vin-amA- ';04ZO('TAT MPYTM("l Pncre 1 nf? ^ ' ' In the new process, families will play key roles in working with Wraparound facilitators (case rnano0ero) in determining the care to be provided. The same Wraparound facilitator will stay with the family during the time the child receives mental health services and will meoWne that other service providers collaborate in providing cane to the child. The target population for this project is any Fort Worth Independent School District school-age youth between the ages of and 18, who has been diagnosed with a severe emotional disturbance. These youth are further defiDed as being at-risk for removal from school or home due tothe symptoms of their mental illness. pnJvidana in mental health, education, juvenile 'usOma' heakh, substance abuse and child xvelfena will participate in developing this system change. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval Of the above recommendations and receipt of the 8APWHSA grant coOtract, funds will be available in the Fiscal Year 2004-2005 operating budget of the Grants Fund. TO Fund/AccountICenters FROM Fund/AccountiCenters GR76 539120 050416783010 $0.00 GR76 539120 050416783010 $60,000.00 Submifted for City Managees Office by: Joe Paniagua (9191) Originating Department Head: Daniel Reimer (7201) Additional Information Contact: Sherwin [}oryaDi (8588) ` ` 1U*QnOrAruxmnr-mu('- pnffp7 nf )