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HomeMy WebLinkAboutPR 15235: LIONHEARTED BOXING ACADEMY AGREEMENTINTEROFFICE MEMORANDUM To: Stephen Fitzgibbons, City Manager From: Colleen Russell, Director, Planning & Community Development Re: P.R. No. 15235 RECOMMENDATION: It is recommended that the City Council approve P.R. No 15235. 'This resolution would authorize the City Manager to enter into an agreement with Lionhearted Boxing Academy on behalf of the Port Arthur Weed and Seed Initiafive, in an amount not to exceed five thousand dollazs ($5,000). BACKGROUND: The City of Port Arthur received Official Recognition as a Weed and Seed site in 2002. The City serves as fiscal agent of federal grant funds received for the support of Port Arthur's Weed and Seed Initiative. To date, the City has been awarded a total of $350,000 from the United States Department of Justice, Office of Justice Progams. Five thousand dollars of the awazded funds aze for the purpose of providing Boxing Scholazships for Weed and Seed neighborhood youth. Lionhearted Boxing Academy will provide boxing instruction and educational programs to youth residents of the Weed and Seed designated neighborhood. Membership fees for participation in Lionhearted Boxing Academy's program activities will be paid utilizing Weed and Seed grant funds. BUDGETARY/FISCAL EFFECT: Funds aze allocated for this expenditure in the Port Arthur Weed and Seed grant (WS0701); account number 114-1051-517-99-00. STAFFING/EMPLOYEE EFFECT None SUMMARY It is recommended that the City Council approve P.R. No. 15235, authorizing the City Manager to execute an agreement in an amount not to exceed five thousand dollazs ($5,000) with Lionhearted Boxing Academy, on behalf of the Port Arthur Weed and Seed Initiative. P.R.No.15235 L.T. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, NOT TO EXCEED FIVE THOUSAND DOLLARS($5,000),WITH LIONHEARTED BOXING ACADEMY, ON BEHALF OF THE PORT ARTHUR WEED AND SEED INITIATIVE; ACCOUNT N0.114-1051-517-99-00 (WS0701). WHEREAS, the City of Port Arthur received official recognition as a Weed and Seed site in 2002; and WHEREAS, Port Arthur Weed and Seed has received grant funding for the purpose of providing boxing instruction for Weed and Seed neighborhood youth; and WHEREAS, the agreement, attached hereto as Exhibit ~~A", is aligned with, and shall be funded by, the Port Arthur Weed and Seed grant, which has been awarded by the Onited States Department of Justice, Office of Justice Programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to enter into an agreement, attached hereto as Exhibit ~~A", with Lionhearted Boxing Academy, in an amount not to exceed $5,000, for the purpose of providing boxing instruction, to be funded by Weed and Seed grant funds. P.R NO.15235 Page 2 of 2 Section 3. 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., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: TERRI HANKS, CITY SECRETARY APPROVE~D7 AnS T(O- FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER AP R VED ~ TO~AVAILABILI Y OF FUND DIRECTOR OF FINANCE EXfIIBIT "A" THE STATE OF TEXAS § COUNTY OF JEFFERSON $ NONEXCLIISIVE CONTRACT THIS AGREEMENT, entered into as of this _ day of , A.D., 2009, by and between Lionhearted Boxing Academy (hereinafter called "LIONHEARTED") the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") and administered by its Weed and Seed Program Coordinator, LaTonya Turner. WITNESSETH THAT: WHEREAS, the CITY desires to engage LIONHEARTED to render certain services hereafter described in Scope of Services". NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF LIONHEARTED The CITY hereby agrees to engage LIONHEARTED and LIONHEARTED hereby agrees to perform the `Scope of Services° hereinafter set forth. 2. SCOPE OF SERVICES Services shall be provided as follows: A. BASIC SERVICES (a} Description of Work: LIONHEARTED shall provide the program as described in Exhibit "A'°. (b) Compensation: Lionhearted's compensation for Basic Services shall be as delineated in Exhibit SBA. 3. TIME OF PERFORMANCE LIONHEARTED will proceed immediately upon execution of this Contract and as requested by the Program Coordinator of the Weed and Seed Program (Program Coordinator) with performance of the services called for under °Basic Services° unless delayed by causes outside the control of the LIONHEARTED and will proceed with subsequent work only on authorization by Program Coordinator. LIONHEARTED shall immediately submit to CITY in writing evidence of delay satisfactory to the Program Coordinator's reasonable i 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 LIONHEARTED It is weed that the CITY will furnish, without charge, for_the use of the - - - - ----- ------ Contractor, information as to the students as are existing, available, and necessary for the carrying out of the work of LIONHEARTED as outlined under "Scope of Services". The CITY will cooperate with LIONHEARTED to facilitate the performance of the work described in this Contract. This information is confidential and will not be released by LIONHEARTED without the permission of the Program Coordinator. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION CITY will pay LIONHEARTED for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT LIONHEARTED will invoice CITY for the costs as requested by the Program Coordinator and prior to June 30, 2009. CITY agrees to pay LIONHEARTED the full amount of each such invoice within fifteen (15) days of receipt. 6. RECORDS LIONHEARTED shall keep accurate records of registration forms, sign-in sheets of training exercises and of the program. Such records shall be kept in the office of LIONHEARTED 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. SCHEDULE OF COURSES: LIONHEARTED agrees to meet with the Program Coordinator of the CITY'S WEED AND SEED PROGRAM to determine a mutually agreeable class schedule for each session. z 8. INDEMNIFICATION LIONHEARTED shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of LIONHEARTED and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and __all~mployees_fro*n any and atl tiahiti toss or siainage arising o~it of_ noncompliance with such laws, rules and regulations; without limitation, LIONHEARTED 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 LIONHEARTED'S employees. Further, LIONHEARTED 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 LIONHEARTED in the performance of this Contract. The foregoing indemnification provision shall apply to LIONHEARTED regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 9. ADDRESS OF NOTICES AND COMMITINICATIONS OWNER: LIONHEARTED: CITY OF PORT ARTHUR Lionhearted Boxing Academy ATTN: LaTonya Turner, 1048 Ransom Howard Blvd Program Coordinator Port Arthur, TX 77640 P.O. Box 1089 Port Arthur, Texas 77641-1089 All notices and communications under this contract shall be mailed or delivered to CITY and LIONHEARTED at the above addresses. 10. SUCCESSORS AND A33IGNllIENTS The CITY and LIONHEARTED 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 LIONHEARTED shall assign, sublet or transfer his interest in this 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 parry hereto. 3 11. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, LIONHEARTED shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if LIONHEARTED shall violate any of the covenants, agreements, or stipulations of this Contract, the CITY shall thereu~on_have the_r~ht_to terminate this Contract b~givingwritten notice to LIONHEARTED 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, LIONHEARTED shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by LIONHEARTED and the CITY may withhold any payments to LIONHEARTED for the purpose of set-off until such time as the exact amount of damages due the CITY from LIONHEARTED is determined. 12. 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 LIONHEARTED. If the Contract is terminated by the CITY as provided herein, LIONHEARTED will be paid for the time provided up to the termination date. If this Contract is terminated due to the fault of LIONHEARTED, Paragraph 11 hereof relative to termination shall apply. 13. CHANGES The CITY may, from time to time, request changes in the scope of the services of LIONHEARTED to be performed hereunder. Such changes, including any increase or decrease in the amount of LIONHEARTED'S compensation, which are mutually agreed upon by and between the CITY and LIONHEARTED shall be incorporated in written amendments to this Contract. 14. A. LIONHEARTED 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 LIONHEARTED or under his supervision and all personnel 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 9 specified by written Contract or agreement and shall be subject to each provision of this Contract. 15. REPORTS AND INFORMATION ____r.mNUFARTFr~_.at~uclLtimes and in Such formc_as_the CITYsna~ 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. 16. 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. 17. INTEREST OF LIONHEARTED AND EMPLOYEES LIONHEARTED 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. LIONHEARTED further covenants that in the performance of this contract, no person having such interest shall be employed. 18. 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 p~• 5 SIGNED AND AGREED TO on this the day of , 2009. LIONHEARTED BOXING ACADEMY 1048 Ransom Howard Blvd Port Arthur, TX 77640 SIGNED AND AGREED TO on this the _ day of , 2009. CITY OF PORT ARTHUR, TEXAS BY: City Manager I;~ 7 ~:~~1~I ~J ~7:~~! \~] ~~]:7~ ~ A City Attorney 6 EXHIBIT "AD Overview The purpose of this agreement is to provide safe and structured out-of school activities for Weed and Seed neighborhood youth. The Lionhearted Boxing Academy is an organ;~ation located within the Weed and Seed tazgeted neighborhood. The academy - - provides p r~icip~ wit[ a-sou e program~haf is ~esigne3 fo Jmshll self confidence, discipline, and teamwork through Instructional Boxing. The academy also communicates with local schools and teachers to ensure that youth aze successful academically and socially. Through this program up to fifty (50) neighborhood youth will have an opportunity to join the academy and participate in safe, productive boxing activities during out-of school hours as to improve the self esteem of the participants and assist them in becoming productive citizens. Project Deacriptioa Port Arthur Weed and Seed's crime prevention strategy involves reducing youth involvement in violence and gang-related activities by supporting and providing positive alternatives. As members of Lionhearted Boxing Academy, youth aze engaged in boxing training as well as educational and self improvement programs. Weed and Seed Boxing Academy Scholarships will aid in providing this out-of school enrichment opportunity for up to fifty (50) neighborhood youth. Each one hundred dollar ($100} Weed and Seed Boxing Scholarship will cover a youth's membership fee, uniform cost, training and usage of the gym for ten (10} weeks. Lionhearted Boring Academy agrees to: • Assist in identifying up to fifty (50) neighborhood youth to participate in the Boxing Academy, located at 1048 Ransom Howard Blvd, Port Arthur Texas, 77640, utilizing the Port Arthur Weed and Seed scholarship opportunity • Advertise the Boating Academy membership opportunity throughout the Weed and Seed neighborhood • Maintain daily participate sign-in sheets and share participant's demographic information with the Weed and Seed Coordinator Port Arthur Weed and Seed agrees to: • Assist in identifying up to fifty (50) neighborhood youth to participate in the Boating Academy, located at 1048 Ransom Howazd Blvd, Port Arthur Texas, 77640, util; wing the Port Arthur Weed and Seed scholarship opportunity • Verify the home address of each potential BoRj ~ Academy Scholarship recipient • Review submitted invoices for accuracy prior to payment processing It is mutually agreed that: • The person(s) responsible for scholarship selection for the scholarship may not be a Weed and Seed staff member, committee member or volunteer, and may not be influenced by staff committee member, or volurteer of Port Arthur Weed and Seed, in the selection of boxing academy scholarship recipiems • The total reimburseme~ amount will be calculated by The Weed and Seed Coordinator, confirmed by a Lionhearted Boating Academy representative, and based on individual youth registration forms and daily participation sign-in sheets EXIIIBTT "B" The compensation will be $100 per student, at a total cost not to exceed $5,000. This program will be only for Port Arthur residents who live in Weed and Seed designated areas. Invoices must be submitted by June 30, 20091isting the names, gender, address, and age of the -partici~ants_ -- e