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CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
CONTRACT FOR PROFESSIONAL SERVICES
This Contract for Professional Services ("Contract") is made and entered into by and
between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton,
Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant City
Manager (hereinafter called "City"), as administrator for the Child Mental Health Initiative
(CMHI) Co-operative Agreement for the Mental Health Comlection of Tarrant County (MHC)
and Mental Health Mental Retardation of Tarrant County, a Comintuiity Center formed pursuant
to Chapter 534 of the Texas Health and Safety Code, acting by and through its duly authorized
Chief Executive Officer (hereinafter called "Contractor").
1. Scope of Services.
In accordance with the highest professional standards, Contractor agrees to provide the
services of management, coordination, and administration as specified in Attachment 1 —"Scope
of Work," which is attached hereto and incorporated into this Contract for all purposes as though
it were set out at length. Contractor 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 fluid the CMHI Agreement.
2. Term.
The primary term of this Contract shall continence on July 1, 2008 and shall end on
September 29, 2008, uu-iless terminated earlier pursuant to Section 4. This Contract may be
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CITY SECRETARY
Contract for Management Services for Child Mental Health Initiative FT.WORTkOV)k
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renewed by mutual written consent for one additional term to commence on October 1, 2008 and
end on September 29, 2009, Lidless terminated earlier pursuant to Section 4.
3. Compensation:
a. The amount to be paid to Contractor for all services performed during the primary
term shall be twelve thousand two hundred and fifty-two dollars ($12,252.00). In the event
this contract is renewed, the amount to be paid to Contractor for all services performed
during the renewal term shall be forty-nine thousand and nine dollars ($49,009.00).
b. It is understood that this Contract contemplates the provision of full and complete
contractual 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.
4. Termination
a. City may terminate this Contract at any time, with or without cause, by providing
written notice to Contractor 30 days prior to the intended termination date. On the receipt of
such notice, Contractor will have 30 days to 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 Contractor documenting the
performance of such work.
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CITY SECRETARY
FT.Wo Fq�,TX
Contract for Management Services for Child Mental Health Initiative age 2 of I 1
b. In the event no funds or insufficient fluids 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 Contractor 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.
C. Upon termination of this Contract for any reason, Contractor shall provide the City
with copies of all completed or partially completed documents prepared under this Contract.
5. Homeland Security.
If the United States Department of Homeland Security issues a Level Orange or Level
Red Alert, the City, in its sole discretion, may postpone performance under this Contract.
6. Force Maieure.
It is expressly understood and agreed by the parties to this Contract that if the
performance of any obligations hereunder is delayed by reason of wax; civil commotion; acts of
God; inclement weather; govermliental restrictions, regulations, or interferences; fires; strikes;
lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any
other circumstances which are reasonably beyond the control of the party obligated or permitted
under the terms of this Contract to do or perform the same, regardless of whether any such
circumstance is similar to any of those enumerated or not, the party so obligated or permitted
shall be excused from doing or performing the same during such period of delay.
7. Indemnification.
TO THE EXTENT ALLOWED BY LAW, CONTRACTOR SHALL INDEMNIFY
AND HOLD THE CITY AND ITS OFFICERS, AGENTS A6*,&nW6kb8
Contract ror Management Services for Child Mental Health Initiative CITY SECREPTARY I
FT.WORTH,TX
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
CONTRACTOR OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY ACT,
ERROR OR OMISSION IN THE PERFORMANCE OF CONTRACTOR'S
PROFESSIONAL SERVICES. CONTRACTOR 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.
8. Waiver of Charitable Immunity in Favor of City.
Contractor agrees that if it is a charitable organization, corporation, entity, or individual
enterprise having, claiming, or entitled to any immunity, exemption (statutory or otherwise), or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Iimm-Lmity and Liability Act of 1987, Texas Civil Practice and
Remedies Code § 84.001 et seq., or other applicable law, that Contractor hereby expressly
waives its right to assert or plead defensively any such immunity or limitation of liability as
against City. Nothing herein waives Contractor's right to sovereign or governmental immunity.
9. Insurance.
a. Contractor shall not conmlence work under this Contract until it has obtained all
insurance required under this section and until such insurance has been ap roved
Contract for Management Services for Child Mental Health Initiative OFFIC'��$ ORO
CITY SECRETARY
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City, nor shall Contractor 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. Professional Liability limits should be consistent with other requirements. Although for
some contracts, the required limits of coverage may be higher. However, the
reconurtended minimum should be no less than:
$1,000,000 per claim and aggregate
C. GENERAL INSURANCE REQUIREMENTS
• The certificate of insurance shall document the City of Fort Worth, its' Officers,
Employees and Volunteers as an"Additional Insured" on all liability policies.
• The certificate of insurance shall provide thirty days (30) notice of cancellation or non-
renewal.
• The certificate shall be signed by an agent authorized to bond coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed
in the current A.M. Best Property& Casualty Guide.
• The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum rating of
A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent
financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
• Coverage underwritten on a claims-made basis is to include a retroactive date, that shall
be coincident with or prior to the date of the contractual agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of the contractual agreement and
for three (3) years following completion of the service provided under the contractual
agreement or for the warranty period, whichever is longer. An amlual certificate of
insurance submitted to the City shall evidence such insurance coverage.
• The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particular policy terms, conditions 1i sions
Contract for Management Services for Child Mental Health Initiative �����'��° RECORD
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CITY SECRETARY
F. T.a W0—R—TH,
necessary to conform the policy and endorsements to the requirements of this Contract.
Deletions, revisions, or modifications shall not be required where policy provisions are
established by law or regulations binding upon either of party or the underwriter on any
such policies.
10. Independent Contractor.
Contractor shall perform all work and services hereunder as an independent contractor
and not as an officer, agent, servant, or employee of the City. Contractor 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, servants, employees, and subcontractors. Nothing herein shall be construed as
creating a partnership or joint venture between the City and the Contractor, its officers, agents,
employees, servants, or subcontractors; and the doctrine of respondeat superior shall have no
application as between the City and the Contractor.
11. Disclosure of Conflicts.
Contractor warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or reasonably anticipated conflicts of interest related to the services to be performed
hereunder. If any conflicts of interest arise subsequent to the signing of this Contract, the
Contractor shall disclose such conflicts to the City in writing within ten business days of their
discovery.
12. Right to Audit.
Contractor 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 Contractor involving transRR Contract Poi-Management Services for Child Mental Health Initiative
Contract. Contractor agrees that the City shall have access during normal working hours to all
necessary Contractor 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
Contractor reasonable advance notice of intended audits.
Contractor 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.
13. 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.
14. M/WBE Goals; Nondiscrimination.
a. Contractor 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 is one of the evaluation criteria used in
award of City contracts; therefore, failure to comply may result in the Contractor being classified
as nonresponsive and being barred from City work for a period of not less than six months.
Contractor agrees to furnish documentation of M/WBE participation su i as carncele
OVVICIAL Contract Ior Management Services for Child Mental Health Initiative CITY 5F-c"' j�mg O',,���I
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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 Contractor 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, Contractor covenants that it will take all necessary
actions to ensure that, in connection with any work under this Contract, Contractor, its
employees, agents, servants, associates, and subcontractors, will not discriminate, either directly,
indirectly, or through contractual or other arrangement in the treatment or employment of any
individual or groups of individuals on the grounds of race, color, religion, national origin, age,
gender, sexual orientation, or disability unrelated to job performances.
15. Choice of Law; Venue.
This Contract shall be governed by and construed in accordance with the laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Contract, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas—Fort Worth Division.
16. Severability.
In the event any covenant, condition, or provision herein contained is held to be invalid
by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision
shall in no way affect any other covenant, condition, or provision herein contained; provided,
however, that the invalidity of any such covenant, condition, or provision does not materially
prejudice either Contractor or City in connection with the rights and obligations contained in the
valid covenants, conditions, or provisions of this Contract.
17. Paragraph Headings.
The paragraph headings contained herein are solely for convenience in reference and are
rFT.woR'TrH,TX CIAL RECORD
Contract for Management Services For Child Mental Health Initiative CITY SECT P 1
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
not intended to define or limit the scope of any provision of this Contract.
18. Non-Waiver.
The failure of City to insist on the performance of any term or provision of this Contract
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to
any extent of City's right to assert or rely on any such term or right on any future occasion.
19. Notices.
Any notice required shall be sufficient if faxed or deposited in the U.S. Mail, postage
prepaid and addressed to the other party as follows:
City:
Daniel B. Reimer, Director and Principal Investigator
Public Health Department—Corninunity Solutions of Fort Worth
1800 University Drive, Room 232
Fort Worth, TX 76107
Facsimile Number: 817-871-7372
With Cop.
Denis McElroy
Assistant City Attorney
1000 Throclanorton Street
Fort Worth, TX 76102
Facsimile Number: 817-392-8359
Contractor:
Mental Health Mental Retardation of Tarrant County
P O Box 2603
3 840 Hulen Street, Hulen Tower North
Fort Worth, TX 76107
Facsimile Number: (817) 569-4494
Attn: Susan Garnett
FICIP�
Contact for Management services for Child Mental Health Initiative OF ge&CORD
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EXECUTED on this, the 06d)-day of �{r. , 206
MENTAL HEALTH MENTAL RETARI)ATIO CITY OF FORT WORTH
OF TARRANT COUNTY
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Jim McDermott, VhD Joe ani g Ia
Chief Executive Officer Assi tart ity Manager
' ( Attest:
contract Auth9 bzatioa t�
onto City Secretary
Approved as to Form:
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Ass's It City 01 orney
Contract for Management Services for Child Mental Health Initiative ®FFB�IALPaa, ,e IIQ 11
C CITY ITY SECRETARY
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CITY SECRETARY
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/22/2008
DATE: Tuesday, July 22, 2008
LOG NAME: 50SAMHSAGRANT REFERENCE NO.: **C-22930
SUBJECT:
Authorize Execution of a No-Cost Extension Grant of the Child Mental Health Initiative Co-Operative
Agreement Grant Contract with the United States Department of Health and Human Services,
Substance Abuse and Mental Health Services Administration in the Amount of $347,250.12 and
Authorize Acceptance of In-Kind Contributions from Community Providers in Mental Health
Education, Juvenile Justice, Health, Substance Abuse and Child Welfare in the Amount of
$694,500.24
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for, accept, and execute if awarded, a no-cost extension grant of the
Child Mental Health Initiative Co-operative Agreement Grant Contract with the United States Department of
Health and Human Services, Substance Abuse and Mental Health Services Administration in the amount of
$347,250.12; and
2. Authorize acceptance of$694,500.24 of in-kind contributions from community providers in mental health,
education, juvenile justice, health, substance abuse and child welfare for the required in-kind match.
DISCUSSION:
City Council approved the Child Mental Health Initiative (CMHI) on April 23, 2002, through M&C C-19063, to
create and sustain effective systems of evaluation and care for children with a mental illness. The term of
the original award was from September 30, 2002, through September 29, 2008. Federal guidelines allow
grantees to request an extension of the final year should any deliverable be incomplete and un-obligated
funds have been carried forward from one budget period to the next. The purpose of the aforementioned
request for a "No-cost Extension" to the existing grant contract is to complete certain projects among the
current activities of the existing CMHI Co-Operative Agreement, "Children's Voices, Family Choices,
Community Solutions: Building Blocks for Healthy Families". These projects include the Community
Solutions Management Information System (CSMIS), the anti-stigma social marketing campaign and the
Learning Communities Sustainability Plan.
At the conclusion of the original term of the project, staff estimates that $347,250.12 of the original
allocation of$9,500,000.00 will remain unexpended. There is also on record a carry-forward, matching fund
balance of$541,223.00 together with an estimated matching fund contribution from the community partners
of $878,000.00. There will be more than enough matching funds available to meet the Substance Abuse
and Mental Health Services Administration (SAMHSA) requirements of two match�n, deral
dollar. The additional no-cost extension funds, along with prior expenditures ilexce e gin
appropriation; therefore an appropriation ordinance will not be required. OFFICIAL R� ��6
CITY SECRETARY
These unobligated funds would be utilized to contract with Mental Health Me tal � p99,VXT rant
Logname: 50SAMHSAGRANT Page 1 of 2
County to provide project management and evaluation services, to contract with United Way of Metropolitan
Tarrant County for the anti-stigma campaign and to contract with the Mental Health Connection for the
completion of the Management Information System and the Learning Communities Sustainability Plan. The
term of the extension would be for twelve months, ending on September 29, 2009.
Members of the Mental Health Connection and the Community Solutions Advisory Board are in full support
of this request. The extension is needed to ensure that the important projects that have been in
development for six years will be completed.
Community providers in mental health, education, juvenile justice, health, substance abuse and child
welfare will participate in completing this initiative as well as providing the match requirement as outlined in
the approved CMHI. The Public Health Department's role will be to continue to function as Project
Administrator and fiscal agent for the balance of the extension.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and award of the grant
extension, funds will be available in the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 4XXXXX 050416786000 $0.00 GR76 5XXXXX 050416786XXX $0.00
Submitted for City Manager's Office by: Joe Paniagua (392.6140)
Originating Department Head: Daniel Reimer (871.7201)
Additional Information Contact: Daniel Reimer (871.7201)
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Logname: 50SAMHSAGRANT Page 2 of 2