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CONTRACT NO. p�
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 The United Way of Metropolitan Tarrant County,a non-profit agency doing business in Texas,
hereinafter called"Consultant",by and through Vn {i ,its duly
authorized RLS; CEO
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
$60,000 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, 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
shall terminate 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
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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. Workers' Compensation Insurance. Consultant shall take out and maintain during the life
of this Contract statutory Workers'Compensation Insurance for all of its employees performing any
of the services hereunder,and,in case any work is sublet,Consultant shall require the subcontractor
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similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by Contractor's insurance. In case any class of
employee who engages in hazardous work under this Contract is not protected under the Workers'
Compensation statute, Consultant shall provide and shall cause each subcontractor to provide
adequate and suitable insurance for the protection of employees not otherwise protected.
C. Business Automobile Liability Insurance-Consultant shall take out and maintain during
the life of this Contract such Business 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 damage and Five Hundred Thousand Dollars ($500,000) bodily injury per
person, per occurrence.
d. 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.
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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,
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.
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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. NMBE 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 Mate of Texas.
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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 J1 day , 2 0 J
UNITED WAY OF METROPOLITAN CITY OF FORT WORTH
TARRANT COUNTY
By iney P. Chandler Libby Watso
Title President & CEO Assistant City Manger
Attest:
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contract authorization 0
lona Pe n Nbb
City Secretary Date
Approved as form and legality
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Assistant ity Attorney
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Attachment#1 —Scope of Work
1. Develop, coordinate and direct social marketing activities for Community Solutions.
2. Coordinate all marketing, advertising and promotional material including but not limited to
the development of a web page, brochures, videos, training materials and public awareness
campaign.
3. Oversee the dissemination of information to the public regarding the system of care and its
services.
4. Educate the public about the needs of children with serious emotional disturbance and their
families.
5. Educate the public about good mental health practices for meeting the needs of children with
serious emotional disturbance.
6. Provide support to the family organization associated with the system of care to implement
outreach strategies with families of children with serious emotional disturbance who are from
racial and ethnic minority groups.
7. Ensure that the social marketing plan determines the informational needs of families of
school aged youth in Fort Worth Independent School District.
8. Ensure that messages, materials and activities that are developed are in compliance with Title
VI of the Civil Rights Act, CLAS standards and the standards identified in SAMHSA'S
Cultural Competence Standards.
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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: 50CHILD REFERENCE NO.: **C-19779
SUBJECT:
Execute an Annual Social Marketing 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 continuation of an annual
contract with the United Way of Metropolitan Tarrant County in the amount of$60,000 for social marketing
services for the period September 30, 2003, through September 29, 2004.
DISCUSSION:
The goal for the CMHI, "Children's Voices, Family Choices, Community Solutions: Building Blocks for
Healthy Families," is to create a new way of providing mental health services to children with severe
emotional disturbances. The social marketing services contract is one that is required by the funding
agency (Substance Abuse and Mental Health Service Administration, or SAMHSA). United Way fulfilled
this role in the last fiscal year and is proposed to continue this service.
This agency was included and accepted by the granting agency as an approved participant during the grant
application process. 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 this social marketing service contract is as follows:
1. Maintain, coordinate and direct social marketing activities for Community Solutions;
2. Coordinate all marketing, advertising and promotional material, including, but not limited to,
the development of a web page, brochures, videos, training materials and public awareness
campaign;
3. Oversee the dissemination of information to the public regarding the system of care and
its services;
4. Educate the public about the needs of children with serious emotional distrubances and
their families;
5. Educate the public about good mental health practices for meeting the needs of children
with serious emotional disturbances;
6. Provide support to the family organizations associated with the system of care to implement
outreach strategies with families of children with serious emotional disturbance, who are from
racial and ethnic minority groups;
7. Ensure that the social marketing plan determines the informational needs of families of school
aged youth in the Fort Worth Independent School District;
8. Conduct focus groups or research polls to determine community perceptions on mental health; and
9. Ensure that messages, materials and activities that are developed are in compliance with Title VI of
the Civil Rights Act, CLAS standards and the standards identified in SAMHSA's Cultural
Logname: 50CHILD Page 1 of 2
Competence Standards.
In the new process, families will play key roles in working with wraparound facilitators (case managers) in
determining the care to be provided. The same wraparound facilitator will stay with the family during the
time the child receives mental health services and will assure that other service providers collaborate in
providing care to the child. The target population for this project is any Fort Worth Independent School
District school-age youth between the ages of 5 and 18, who has been diagnosed with a severe emotional
disturbance. These youth are further defined as being at-risk for removal from school or home due to the
symptoms of their mental illness.
Providers in mental health, 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 current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 050416782010 $60.000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Daniel Reimer(7201)
Additional Information Contact: Sherwin Daryani (8568)
Logname: 50CHILD Page 2 of 2