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CONTRACT No. e 9,aZ
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,Libby Watson
and Community Partners Incorporated ("CPI"), a consulting agency specializing in Wraparound,
hereinafter called "Consultant".
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 CMHI Agreement.
2. Compensation.
a. The amount to be paid to consultant for all services performed hereunder shall be$43,030
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.
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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 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 and
shall terminate on September 29, 2004, 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 any payments due hereunder,City
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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 as required by the City's Risk Manager 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.
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b. Professional Liability Insurance- Consultant shall take out and maintain during the life of
this Contract such Professional Liability Insurance to include One Millions Dollars ($1,000,000)
per occurrence, and Two Million Dollars ($2,000,000) aggregate.
C. 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
(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 objectives 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.
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.
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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.
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.
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IL M/WBE Goals; Nondiscrimination.
a. a. A waiver of the goal for M/WBE subcontracting requirements was requested and
approved by the M/WBE office for this Contract because the purchase of these services and
subcontracting opportunities were negligible.
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 perfonrlance, 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.
13. No Third-Party Beneficiaries.
This Contract shall inure only to the benefit of the parties hereto and third persons not privy
hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract.
Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
14. No Joint Venture, Partnership, Agency.
This Contract will not be construed in any form or manner to establish a partnership, joint
venture or agency, express or implied, nor any employer-employee, borrowed servant or joint
enterprise relationship by and among the parties. The City shall be an independent contractor and
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shall be responsible at all times for directing its employees in the course of their duties. Contractor
shall be responsible at all times for directing Customer's employees in the course of their duties.
15. Severability.
The provisions of this Contract are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of this Contract or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Contract and the application of such word,
phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or
circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or
unconstitutional portion had never been contained therein.
EXECUTED on this, the�day of ! v W ' , 20 07Z
COMMUNITY PARTNERS, INC. CITY OF FORT WORTH
11A]
By Libby Watson
Title Assistant City Manger
Attes . Approved as form and legality
�.9
Glor Pearson Assistaii City Attorney
City Secretary C ,
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�Ct Authorization
—: r
Attachment#1 —Scope of Work
Contractor will perform the following duties:
1. Observation, assistance and critique of the trainees of the curriculum;
2. Continuous training for staff on systems of care and wraparound and its application to our
community in regards to planning and implementation;
3. Continuous training for wraparound facilitators (case managers);
4. Intensive coaching for wraparound facilitators (case managers);
5. Train community leaders on systems of care and wraparound; and
6. Other related functions as they develop.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/30/2003
DATE: Tuesday, September 30, 2003
LOG NAME: 50PARTNERS REFERENCE NO.: **C-19781
SUBJECT:
Execute an Annual Training Service Contract Funded by a Grant from the U.S. Department of
Health and Human Services for a Child Mental Health Initiative (CMHI) Co-operative Agreement
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a service contract with
Community Partners Incorporated (CPI) in the amount of $43,030 for training for the period of September
30, 2003, through September 29, 2004.
DISCUSSION:
The goal for the Child Mental Health Initiative, "Children's Voices, Family Choices, Community
Solutions: Building Blocks for Healthy Families," is 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. One of the foremost experts on wraparound is CPI. They are also the only
source in the nation for a wraparound training curriculum called "The Wraparound Process
Curriculum." This curriculum was purchased from CPI in the last fiscal year.
CPI has been approved and recognized as an expert in wraparound. All funds for this contract are provided
by a grant from the U.S. Department of Health and Human Services.
The scope of work for the CPI service contract is as follows:
1. Observation, assistance and critique of the trainees of the curriculum;
2. Continuous training for staff on systems of care and wraparound and its application to our
community in regards to planning and implementation;
3. Continuous training for wraparound facilitators (case managers);
4. Intensive coaching for wraparound facilitators (case managers);
5. Train community leaders on systems of care and wraparound; and
6. Other related functions as they develop.
In the wraparound process, families will play key roles in working with wraparound facilitators in determining
the care to be provided. The same wraparound facilitator will stay with the family during the time the child
receives mental heath services and will assure that other service providers collaborate 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.
Logname: 50PARTNERS Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 050416782010 $43,030.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Daniel Reimer (7201)
Additional Information Contact: Sherwin Daryani (8568)
Logname: 50PARTNERS Page 2 of 2