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