HomeMy WebLinkAboutPR 14647: SPRING YOUTH EMPOWERMENT WORKSHOP (MAY 14, 2008)
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MEMORANDUM
To: -Mayor., City Council, and City Manager III -_-
From: Valecia-R. Tizeno, First Assistant City Attorney V~~ --
Date: April 17, 2008
Subject: P. R. No. 14647; Council Meeting April 22, 2008
Attached is P. R. No. 14647 as it pertains to Part II of the
Spring 'Youth Empowerment Workshop (May 14, 2008) to be facilitated
by Jaime Escalante (Account No. 132-1021-514.56-00, Project No.
SSBG02).
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Attachment.
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P. R. No. 14647
04/16//08 gt
RESOLUTION N0.
A RESOLUTION AS IT PERTAINS. TO PART II OF THE
SPRING YOUTH EMPOWERMENT WORKSHOP (MAY 14, -` --
2008) TO BE FACILITATED BY JAIME ESCALANTE
(ACCOUNT N0. 132-1021-514.56-00, PROJECT N0.
SSBG02)
WHEREAS,•per Resolutions 06-514 and 07-474, the South East
Texas Regional Planning Commission awarded the City of Port Arthur
a grant for various services including the provision of programs
for At-Risk Youth; and
WHEREAS, the Community Prosecution Program provides
Counseling, Prevention and Intervention Services; and
WHEREAS, on May 14, 2008, the Community Prosecution Program
wishes to host Part II of the Spring Youth Empowerment Workshop;
and
WHEREAS, Jaime Escalante is a professor and teacher of
mathematics who gained ,renown and distinction for his work at
Garfield High School in Los Angeles, California; and
WHEREAS, many recognize him from the protrayal of his life as
one of the most effective teachers in America .in the movie "Stand
and Deliver"; and
WHEREAS, he 'has received national recognition for his
excellence as a teacher from the past. five United States
Presidents, for example in 1988, he received the Presidential Medal
for Excellence in Education from the late President, Ronald Reagan,
z.pr14657
Yie was also appointed by former, President George Bush to the
Commission on Educational Excellence for Hispanic Americans; and
WHEREAS, the City Council deems it in the best interest of the
,
citizens of Port Arthur to support Part II of the Spring Youth _,__-
Empowerment Workshop to be facilitated by Jaime Escalante, which
will be conducted at City Hall; and.. ~ -
WHEREAS, the workshop will be held for the benefit of at risk
youth and their parents/guardians; and
WHEREAS, the 'Memorial High School 9th Grade Center, Woodrow
Wilson Technology Theme School, Edison Middle School, and Stephen
F. Austin Middle School, as well as Teen Court, have confirmed
participation in the workshop with Mr. Escalante.
'NOW THEREFORE, BE IT .RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
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 an agreement with the American Program
Bureau for the engagement of Jaime Escalante to facilitate said
workshop in the amount of $7,500 plus expenses, in substantially
the same form as attached hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
z.pr1466]
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:
ATTEST:
MAYOR.
ACTING CITY SECRETARY
APPROVED AS~O FORM: -
.~~V~
1 ~
CITY ATTO EY ~y, !~ 'r 1
~ ` ,r
APPROVED FOR ADMINISTRATION:
CITY_MANAGER
A ROVED AS TO AVAILABILITY OF FUNDS:
1
DIRECTOR OF FINANCE
z.pr14657
Exhibit "A"
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Date: 4!1712008 Contract: x5236 Salesperson: Dan Schlossberg
• CONTRACT
CLIENT: City of Port Arthur ..
GROUP: (NOVALUE[
_ __
._
PRIMARY CONTACT: _
_
Ms. Val Tizeno
City of Port Adhur
[NOVALUE]
City Hall -
444 Fourth St.
Pon Arthur, TX 77640
Phone: 409-983-8127 E-mail: vat@portarthur.net
SPEAKER: Jaime Escalante
DATE OF PROGRAM: Wednesday, May 14, 2008 ~ -
FEE: S 7,500.00 Plus Expenses Outlined Below.
TRAVEL/EXPENSES: In addition to the fee, diem will be billed for two unrestricted fully-refundable roundtrip coach airfare and ground
transportation in speaker s originating city. Client will arrange and directly pay for hotel, meals and ground
transponation at event site (if arranged by APB client will be billed).
TOPIC: Motivational speech to ycuthiEducation ~ -
SCHEDULE: Program to begin at 4:00 PM and include 30-40 Min. Keynote followed by QSA: Speaker to do pre-event phone
-
interview.
~ ~- - ~ --
VENUE: - City Hatl .
Pon Arthur, TX
ON-SITE CONTACT: Same As Itineraris Primary
Phone:
AUDIENCE: Appmz. 3D0 Port Arthur Youth and civiGcommunity leaders. '
SPECIAL REQUIREMENTS: Absolutely NO audio or videotaping for any reason. Cordless lapel microphone is required. No state or local faxes are
to be withheld from the honorarium. ~,
TECHNICAL REQUIREMENTS: Cordless lapelmicrophone
PAYMENT: INVOICE: Val Tizeno
5 7.500.00 balance due on or before 4!30;2008. ,( City of Port Arthur
City Hall -
' - 444 Fourth SL Port Arthur. TX 77640
Please make checks payatile to American Program Bureau, Ina (Fed ID #04=2371423) -
TERMS
1. This Contract is between American Program Bureau, Inc., ("APB") and the Client noted. APB agrees on behalf of the Speaker, it will provide fhe
services of Speaker for Client at the time and place noted. Client shall, in consideration for such services, pay to APB the Fee and Expenses noted
below. All terms and conditions of this Contract, including without limitation, the amount of compensation paid to the Speaker and to APB must remain
confidential. -
2. All charges other than for fee, induding. expenses for the Speaker, will be billed additionally (unless otherwise stated). Expenses will include, but are
not limited to, round-tnp first class airfare, other transportation charges and expenditures, loral lodging. meals. taxicab andlor limousine fares, and any
other expenses related to [he Speakers program (unless otherwise noted).
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3. Client agrees to pay any and all federal, state, and local rental. amusement, sales or other such taxes and fees to obtain all necessary licenses and
insurance.
4. The Client may not publicize this event until the wntract is Fully executed by both APB and [he Client and the APB has received the required deposit.
All advertising of this event must include the words "For more information on this SpeakerlPerformer please visit www.apbspeakers.com".
5. Client agrees to furnish a suitable place for the program. properly lighted, well heatedior cooled, with all the necessary accessories, including
microphones and amplification, in proper working condition. Client agrees ld limit the audience to no m_ ore than the legal number permitted at the place of -?
the engagement s- _.
6. An audiolvideo release form is provided with this contract should you wish to audio or videotape this event. No lecture, appearance: or performance ~. _ _
"program' is to. be broadcast, recorded,"videotaped: webcast or otherwise reproduced without written permission, via this enGOSed form, by. APB~on _
behalf of the Speaker. If permission is given, a copy of any broadcast, recording, videotape, webcast or other reproduction must tie sent to APB. APB
and the Speaker reserve all copyrights for the program and any broadcast, recording, videotape, webcast, reproduction or rebroadcast. The program
remains the intellectual property of the Speaker. The Speaker andior APB reserve the right to videotape the program if they so choose..
7. Speaker's name or likeness may not be used as an endorsement of any product or service in connection with any commercial tie-up without prior
written permission from APB or the Speaker. ~ -
8..Speaker shall have the right to sell programs or merchandising items on the premises of presentation without participation by the Client, subject.
however. to local concessionaire's requirements, if any.
9. Should the Client cancel or bleach this agreement up to sixty (60) days prior to the program, the deposit equal to fifty {50%} of the~total fee shall be
forfeited or immediately be due to APB. In the event of breach or cancellation of this contract within sixty (60) days of the progmm. the full contracted fee
shall be forfeited and whatever balance is owed is due immediately to APB.
10. I(for any reason the Speaker is delayed or cannot appear APB will use its best effort to notify the Client and to arrange (or a mutually agreeable
change of date or provide a comparable Speaker that is acceptable to the Client. Should the Speaker be unable [o appear as scheduled, neither APB nor
fhe Speaker will have any liability for any expenses or other damages incurred by the Client. Should the Speaker cancel and a comparable speaker not
be provided, all deposits paid will be applied to another program oc at the Client's option. refunded in full satisfaction of any and all obligations of the
Speaker and APB to the Client. _
i. Notwithstanding any other provisions of this Contract in the event that the performance of any obligation under this Contract by either Party is
prevented due to acts of God, exchange controls, wars. hostilities, blockades. civil disturbances, revolutions, strikes, terrorist attacks, or lockouts. APB,
Speaker andfor Client.(Parties) shall not be responsible to the other for Failure to delay in perormance of its obligations under this Contract. Each Party
shall promptly notify the other Parties o(such farce majeure condition. The terms o` this Clause shall not exempt, buf merely suspend: any Party from its
duty to perform the obligations under this Contract until as soon as practicable after a force majeure conddion ceases to exist.
12: In the event the Speaker is delayed, but arrives and presents hisiher program in full, all fees. honorariums, and other charges shall be due in full to
APB.
13. APB, acting as the Speakers agent wherein the Speaker is an independent contractor, shall not be responsible in any wayfor the Speaker'sacts.
omissions, statements, or any commitment made by the Speaker or the Client. Neither APB nor the Speaker has the authority either express or implied
to bind the other to any agreement not personally signed by the party to be bound. There is no pdncipal agent relationship that exists between APB and
the Speaker. The Client is not the agent or employee of either APB or the Speaker and has no other authority express or implied to speak for or bind
either APB or the Speaker except as set out in this wntract. _
14. It is agreed that this is a persona( service contract and that the terms of this contract are not assignable in whole or in part by any pally without the
written agreement of the other.
. 15.No adtlitional activities shall be plannetl by the Client nor expected of the Speaker unless expressly contained as part of the terms of this agreement.
The fee is untlerstood to be for the speaking engagement only. Any matedal change in the nature of this wntract shall constitute a breach of mis contract
unless agreed [o in writing by the parties hereto. ,
16. The person signing this contract for the Client warrants [hat he!she is signing as a tluly authorized representative of the Client. This contract may be
executed in one or more counterparts. each of which will be deemed an original but all of which when taken Together will constitute one in the same
instrrment. This instrument sets forth the enfire agreement between the parties and shall not become effective until copies of the contract are executed
by all padies. This contract may not be altered, changed, modified or waived in whole or in part except by an agreement in writing signed or initialed by
the parties. An executed facsimile copy or photocopy of this contract shall be deemed an original.
17. This contract shall be governed in accordance with the laws of the Commonwealth of Massachusetts. Client shall pay for all costs of enforcement and
collection of this agreement, including reasonable attorneys' fees. The venue with respell t0 any matters in dispute that may arise under this agreement
shall be in the Commonwealth of Massachusetts.
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AMERICAN PROGRAM BUREAU, INC.
CLIENT
Authorized
Authorized Signature:
Signature: - Title:
Title:
r
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