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HomeMy WebLinkAboutContract 28476STATE OF TEXAS COLJNTIES OF TARRANT AND DENTON CONTF E CT � YQ�� �?C(� KNOW ALL BY THESE PRESENTS: 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 Community Partners Incorporated, a consulting agency, hereinafter called "Consultant", acting through ���,��V ` , its duly authorized ` . 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 to fund the CMHI Agreement (the Grant). 2. Comnensation: a. The amount to be paid to Consultant for all services performed hereunder shall be $81, 110 per year, hereinafter "Consultant's Fee", and shall include any and all expenses incurredby Consultant. Consultant shall submit a bill to the City in accordance with Attachment 2, detailing Consultant's time and expenses for payment. CRL 02.27.03 Mental Health Contract �. � _ _.. .m,,.,,.,�-, 1 1���)�'��(�.�UGa'� �►?���'��Q �, S��'����u� �r�l�'� �. ,,� � � `�`II', �';'�'' �' �II'��, � b. It is understood that this Contract contemplates the provision of full and complete consulting services for this project as described in the Grant from the U.S. Department of Health and Human Services for this Child Mental Health Initiative Co-operative Agreement 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 Citybeyond that which was explicitly approved and received for by the Grant. 3. Term. The term of this Contract shall commence upon the date of full execution by City and Consultant and shall terminate on 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 anypayments due hereunder, City CRL 02.27.03 Mental Health Contract 2 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. 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 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 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. CRL 02.27.03 Mental Health Contract b. Professional Liability Insurance. Contractor shall take out and maintain during the term of this Contract such Professional Liability Insurance to include One Million Dollars ($1,000,000) each occurrence and Two Million Dollars aggregate. Policies are to be written on an occurrence basis or if coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. c. 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 and must be acceptable to the City's Risk Manager. 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 pursuant to the terms and obj ectives of the Grant. 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 02.27.03 Mental Health Contract 4 8. Disclosure of Conflicts. Consultant warrants to the City 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 directlypertinent 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 02.27.03 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 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. 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 02.27.03 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. EXECUTED on this, the �� �iay of �L�, 2003. COMMLTNITY PARTNERS, INC i � � � i: U � .� �- , � .� •, . � . � i. �_ ���� � Contract Ruthorization �� �� � -- Aate CRL 02.27.03 Mental Health Contract CITY OF FORT WORTH Assistant City Manger Attest: �� � . � f; � ��C �:� ': '� _� ��,. _1i', Gloria Pearsori�� City Secretar�y Approved as form and legality G�� � .��� Assistant �it Attorne � Y Y � i i i i.; 7 � (�'���'�r��(C��II'�'� Ir��`;<i'(i)ll.'��� �; + �������I ���� �,���1,1Ir„r�r,,,,`�`i . _ L�:��:i'iVii�.11 � I�� ���'v�< � {,� , , 1�i � , t' ,r, ,,, � Attachment #1— Scope of Work Attachment #1— Scope of Work 1. Contractor will be onsite a total of 35 full working days to perform the following duties: a. Provide a four day training session on Wraparound b. Observe, assist and critique the trainees c. Provide continuous training and consultation for staff on systems of care and Wraparound and its application to the community in regards to planning and implementation d. Coach for Wraparound facilitators e. Meet with, discuss, and educate community members on systems of care and Wraparound f. Assist with development of a community workforce to support the Wraparound model g. Provide other related functions as they develop 2. Contractor will sell the rights to use "The Wraparound Process Curriculum" to the City. CRL 02.27.03 Mental Health Contract $ Attachment # 2 - Billing 2/20/03 To: Sherwin Daryani From: Mary Grealish This is a proposal about how I will work for the city of Fort Worth, Community Solutions in fiscal year '02 —'03. March: 4 days technical assistance, $1,200./day, $4,800. One full fare coach ticket at $1, 386.25 , 4 nights hotel at $400, ground travel in Pittsburgh $25, food at $60./day, $240. $6, 851.25 April: 5 days technical assistance, $1,200./day, $6,000.. One full fare coach ticket at $1, 386.25 5 nights hotel at $500., ground travel in Pittsburgh $25., Food at $60./day, $300. $8, 211.25 May: $8209.50 June: $8209.50 July: $8209.50 August: $8209.50 September: $8209.50 Unlimited right (except for sales or paid consultation work) to duplicate the Wraparound Curriculum and 2 Wraparound videos: $25,000. We'll bill fees and expenses after each trip and will bill for the Curriculum after the March trip. Respectfully submitted, Mary Grealish, M.Ed., President, Community Partners, Inc. CRL 02.27.03 Mental Health Contract 9 City of Fort Worth, Texas �i►�Ayor And Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 3/18/03 **C-19513 50HIRE I 1 of 2 suB�ECT . AIJTHORIZATION TO EXECUTE A SERVICE CONTRACT TO HIRE COMMUNITY PARTNERS, INC. FOR THE TRAINING AND PURCHASING OF COPYRIGHTED MATERIALS THROUGH FUNDS GRANTED BY 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 a service contract with Community Partners, Inc. in the amount of $81,110 for training for the period of March 24, 2003, through September 30, 2003, and the purchasing of copyrighted materials for unlimited use by the City.. DISCUSSION: On April 23, 2002 (M&C C-19063), the City Council authorized acceptance of a grant from the U.S. Department of Health and Human Services to fund the Child Mental Health Initiative (CMHI). "Children's Voices, Family Choices, Community Solutions: Building Blocks for Healthy Families" is designed to create a new way of providing mental health services for children with severe emotional disturbances. The key component for making this happen is a process called Wraparound. The goal of Wraparound is to create a collaborative system infrastructure that will provide individualized, child- centered, family-driven services and support for children with serious emotional disturbance and their families. Community Partners, Inc. is one of the foremost experts on Wraparound, and the only source in the nation for a Wraparound training curriculum called "The Wraparound Process Curriculum". The scope of work for the Community Partners, Inc. service contract is as follows: • Extensively train the trainers on Wraparound in the community; and • Observation, assistance and critique of the trainees; and • Continuous training for staff on systems of care and Wraparound and its application to our community in regards to planning and implementation; and • Initial training for Wraparound facilitators (case managers); and • Intensive coaching for Wraparound facilitators (,case managers); and • Train community leaders on systems of care and Wraparound; and • Other related functions, as needed. In addition, the City would have the right to use "The V��raparound Process Curriculum". Comm�nity Partners, Inc. has been approved and recognized by CMHI as an expert in Wraparound. All funds for this contract are provided for by the grant, which was approved by the City Council as mentioned above. City of Fort Worth, Texas �il�Ayar Af1d Caunc�l Camm���cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 3/18/03 **C-19513 50HIRE 2 of 2 SUBJECT AUTHORIZATION TO EXECUTE A SERVICE CONTRACT TO HIRE COMMUNITY PARTNERS, INC. FOR THE TRAINING AND PURCHASING OF COPYRIGHTED MATERIALS THROUGH FUNDS GRANTED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A CHILD MENTAL HEALTH INITIATIVE CO- OPERATIVE AGREEMENT In the Wraparound process, families will play key roles in working with case rianagers in determining the care to be provided. The same case manager will stay with the family during the time the child receives mental heath services and will assure that other service providers coll�borate in providing care to the children. Providers in mental health care, education, juvenile justice, health, substance abuse and child welfare will participate in developing this system change. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the curr.ent operating budget, as appropriated, of the Grants Fund. LW:k Submitted for City Manager's Office by: Libby Watson Originating Department Head: Daniel Reimer Additional Information Contact: Sherwin Daryani � FUND � ACCOUNT � (to) � 6183 I 7201 , (from) I GR76 8568 I CENTER I AMOUNT CITY SECRETARY 539120 050416781010 $81,110.00 APPROVED 3/18/03