Loading...
HomeMy WebLinkAboutContract 29325 CITY SECRETAR I - CONTRACT NO . STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTIES OF TAR-RANT § 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) through its duly authorized Assistant City Manager, Libby Watson, hereinafter called "City", and Zanda Hilger, M.Ed, LPC, an expert on cultural competency, doing business in Texas as Z-Quest, hereinafter called "Consultant", both parties acting herein by and through their duly authorized representatives: 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 $10,000 per year, hereinafter "Consultant's Fee", which shall include 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. j� CRP 11.03.030 OFFI I L WIVI D Mental Health Contract1 ti0f-YAM.Y b. It is understood that this Contract contemplates the provision of fill 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 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 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 CRP 11.03.03v3 L Mental Health Contract 24z 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. b. Automobile Liability Insurance-Consultant shall take out and maintain during the life of this Contract such 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 CRP 1 1.03.030 Mental Health Contract 3 � ifl, TEK damage and Five Hundred Thousand Dollars ($500,000) bodily injury per person, per occurrence, whether vehicle is owned, leased, or hired. 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. 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. 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, CRP 1 1.03.030 Mental Health Contract 4 �;ppU �,� 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. 11. MIWBE 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(NVWBE)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 CRP 11.03.030 Mental Health Contract 5 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. 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 /day of CITY OF FORT WORTH Busines ame By AibbyWat� Tit Assistant City Manger CRPI 1.03.030 R�Fss Mental Health Contract 6 �gal � fix. R Attest: Glor(i Pearson City Secretary Approved as form and legality Assistant CYty Attorney a l / 9EAU-eIfi&-D Contract Authorization DatE! CRP 11.03.030 Mental Health Contract 7 j Ha q'"! Attachment 1 — Scope of Work 1. Develop, coordinate and direct culturally competent activities for Community Solutions. 2. Ensure compliance with Title VI of the Civil Rights Act. 3. Ensure compliance with cultural and linguistically appropriate standard (CLAS) in Health Care and those included in CMHS' Cultural Competence Standard publication. 4. Recommend the incorporation of culturally appropriate practices in individualized service plan such as using the preferred language of the child and their family; nurturing the strengths and customs of the child and their family; recognizing behaviors and beliefs of the child and their family that are normal in their culture. 5. Develop cultural advocates who will participate in the planning, development and implementation of system of care. These advocates will be a part of various racial and ethnic minority groups. 6. Ensure that the management plan, staffing pattern, project organization and resources are appropriate and sensitive to issues of language, age, gender, sexual orientation and race ethnicity and culture. 7. Ensure that service providers reflect the racial and ethnic composition of the target population. 8. Advocate and address disparities in access to care, quality of services, availability of effective clinical interventions, satisfaction with services, and other outcomes for children and their families from racial or ethnic minority groups. CRP 1 1.03.030 Mental Health Contract 8