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HomeMy WebLinkAboutPR 14551: COMMUNITY PROSECUTION PROGRAM - TEACHING CONTRACT interoffice MEMORANDUM To: Mayor, City Council, and City Manager ~/' y From: Valecia R. Tizeno, First Assistant City Attorney ll~{{~~'~~~ Date: February 1, 2008 ~" _ Subject: P. R. No. 14551 - Council Meeting of February 12, 2008 = Attached is P. R. No. 14551 approving a teaching contract as it pertains to the Community Prosecution Program. VRT:gt Attachment cc: Mark T. Sokolow, City Attorney William Wueller z.pr14551.memo P. R. No. 14551 02/01/08 gt RESOLIITION NO. A RESOLIITION APPROVING A TEACHING CONTRACT AS IT PERTAINS- TO THE COMMIINITY PROSECIITION PROGRAM WHEREAS, per Resolution No. 07-384, the City Council approved teaching contract for various classes for the benefit of Port Arthur youth pursuant to the Social Services Block Grant Program; and WHEREAS, it is in the best interest to conduct G.E.D. classes for students who are referred to the Community Prosecution program from the juvenile courts, parents, and/or schools; and WHEREAS, it is deemed in the best interests of the citizens to approve a teaching contract with William Wueller, in substantially the same form as attached hereto as Exhibits "A" NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR, TEBAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council herein authorizes the City Attorney to execute the teaching contract between the City of Port Arthur and the Consultant, William Wueller, in substantially the same form as attached hereto as Exhibits "A" z.pY14551- Section &. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: YOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO F CITY ATTORNE _~.~~ ~~/ u.: APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr14551 EXHIBIT i°A" THE STATE OF TEXAS § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT,. entered into as of this day of February, A.D., 2008, by and between William Wueller (hereinafter called "CONSULTANT") the City of Port Arthur, Port Arthur, Texas (hereinafter called -the "CITY°) and administered by the City Attorney's Office, in its Community Prosecution Program. WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONSULTANT to render certain professional services hereafter described in "Scope of Services". NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONSULTANT The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. SCOPE OF SERVICES Consulting services shall be provided as follows: A. BASIC SERVICES (a) Description of Work: CONSULTANT shall teach classes on an as needed basis (as requested by the City Attorney or his designee) as described in Exhibit "A". (b) Compensation: Consultant's compensation for Basic Services shall be as delineated in Exhibit "B". 3. TIME OF PERFORMANCE CONSULTANT will proceed immediately upon execution of this Contract and as requested by the City Attorney, or his designee, i.e. the Manager of the Community Prosecution Program (Program Manager), the Social Services Assistant, or the First Assistant City Attorney, with performance of the services z. contract-prof.services_wueller 1 called for under "Basic Services" unless delayed by causes outside the control of the CONSULTANT and will proceed with subsequent work only on authorization by City Attorney. CONSULTANT shall immediately submit to CITY in writing evidence of delay satisfactory to the City Attorney's reasonable discretion, upon which an extension of time equal to the period of actual delay may be granted in writing. 4. INFORMATION AND SERVICES TO BE FURNISHED CONSULTANT It is agreed that the CITY will furnish, without charge, for the use of the Contract, information as to the students as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services". The CITY will cooperate with the CONSULTANT to facilitate the performance of the work described in this Contract. This information is confidential and will not be released by the CONSULTANT without the permission of the Program Manager. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION CITY will pay CONSULTANT for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT CONSULTANT will invoice CITY for the costs on a monthly basis, or at such times as requested by the City Attorney or his designee. CITY agrees to pay CONSULTANT the. full amount of each such invoice within fifteen (15) days of receipt. 6. CONSULTANT shall keep accurate records, including time sheets of all time allocated to performance of Contract work. Such records shall be kept in the office of the CONSULTANT for a period of not less than two (2) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. OWNERSHIP OF DOCUMENTS All documents, including books are property of CITY. CONSULTANT shall return the books upon the completion of the classes. z.contract-prof-services_wueller 2 8. SCHEDULE OF COURSES: . CONSULTANT agrees to meet with the City Attorney or his designee, i.e. Program Manager, Social. Services Assistant, or First Assistant City Attorney, of the CITY'S COMMUNITY PROSECUTION PROGRAM to determine a mutually agreeable class schedule for each session. 9. INDEMNIFICATION CONSULTANT shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, CONSULTANT shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security Worker's Compensation, and Income Tax Laws with respect to CONSULTANT'S employees. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from- any and all liability, loss, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any documents furnished by CONSULTANT in the performance of this Contract. The foregoing indemnification provision shall apply to CONSULTANT regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 10. ADDRESS OF NOTICES AND COMMUNICATIONS OWNER: CONSULTANT: CITY OF PORT ARTHUR William Wueller ATTN: City Attorney 2636 Lombardy Drive P.O. Box 1089 Port Arthur, TX 77642 Port Arthur, Texas 7764 1-1089 All notices and communications under this contract shall be mailed or delivered to CITY and CONSULTANT at the above addresses. 11. SUCCESSORS AND ASSIGNMENTS The CITY and the CONSULTANT each binds himself and his successors, executors, administrators and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except. as above, neither the CITY nor the CONSULTANT shall assign, sublet or transfer his interest in this z. contract-prof.services_wueller 3 Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto. 12. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Not withstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONSULTANT and the CITY may withhold any payments to the CONSULTANT for the purpose of set-off until such time as the exact amount of damages due the CITY from the CONSULTANT is determined. 13. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Contract at any time by giving at least seven (7) days notice in writing to the CONSULTANT. If the Contract is terminated'by the CITY as provided herein, the CONSULTANT will be paid for the time provided up to the termination date. If this Contract. is terminated due to the fault of the CONSULTANT, Paragraph 12 hereof relative to termination shall apply. 14. CHANGES The CITY may, from time to time, request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. 15. A. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required in performing. the services under this Contract. B. All of the services required hereunder shall be performed by the CONSULTANT or under his supervision and all personnel z. contract-prof services wueller 4 engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement-and shall be subject to each provision of this Contract. 16. REPORTS AND INFORMATION The CONSULTANT at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 17. CIVIL RIGHTS No person shall, on the grounds of race, religion, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the CITY. 18. INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The CONSULTANT further covenants that in the performance of this Contract, no person having such interest shall be employed. 19. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. z.contract-prof. sexvices_wueller 5 SIGNED AND AGREED TO on this the _ day of , 2008. CONSULTANT: William Wueller 2636 Lombardy Drive Port Arthur, TX 77642 SIGNED AND AGREED TO on this the _ day of , 2008. CITY OF PORT ARTHUR, TEXAS BY: City Attorney z.contract-prof. services_wueller 6 E%HIBIT "A" Consultant, William Wueller, shall teach the G.E.D., Prep class for ADIILTS AND TEENAGERS for the benefit of the Community Prosecution Program. There are two sessions of two (2) hours in duration per week, for a six (6) week period.: Reports will be submitted. as to class enrollment, attendance and progress of the students. William Wueller may also be requested to perform such other evaluations, mentoring program, presentations, and other similar activities. z.contract-prof.services Wueller ~ ~ E%HIBIT "B" Consultant, William Wueller's, compensation for Basic Services shall be $125.00 per two hour class for a six (6) week period. This class will continue on an "as needed" basis and as requested by the City Attorney or.his designee,.i.e. Program Manager. Consultant, William Wueller, may also be requested to perform such other evaluations, school mentoring program, presentations, and other similar activities, which will be billed at $62.50 per hour, all of such programs designed to mentor at-risk youth and their families and such activities by Consultant to be done based on his availability. z.contract-prof.services Wueller e