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HomeMy WebLinkAboutPR 15282: CHERUB'S CORNER TUTORING CENTER AGREEMENTINTEROFFICE MEMORANDUM To: Stephen Fitzgibbons, City Manager From: Colleen Russell, Director, Planning & Community Development Re: P.R. No. 15282. ZOOT _. ~-°--- RECOMMENDATION: It is recommended that the City Council approve P.R. No 15282. This resolufion would authorize the City Manager to enter into an agreement with Cherub's Comer Tutoring Center, on behalf of the Port Arthur Weed and Seed Initiative, 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 hutiative. To date, the City has been awazded a total of $350,000 from the United States Department of Justice, Office of Justice Programs. Five thousand dollazs of the awarded funds aze for the purpose of covering the costs of an instmctor to service adults in prepazing for the General Education Development (GED) tests. BUDGETARY/FISCAL EFFECT: Funds aze allocated for this expenditure in the Port Arthur Weed and Seed grant (WS0701); account number 114-1051-517-59-00. STAFFING/EMPLOYEE EFFECT None SUMMARY It is recommended that the City Council approve P.R. No. 15282, authorizing the City Manager to execute an agreement in an amount not to exceed five thousand dollazs ($5,000) with Cherub's Comer Tutoring Center, on behalf of the Port Arthur Weed and Seed Initiative. P.R.No.15282 L.T. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, NOT TO EXCEED FIVE THOUSAND DOLLARS($5,000),WITH CHERUB'S CORNER TUTORING CENTER, ON BEHALF OF THE PORT ARTHUR WEED AND SEED INITIATIVE; ACCOUNT N0.114-1051-517-59- 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 General Education Development (GED) Preparation and instruction for Weed and Seed neighborhood residents; 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 United States Department of Justice, Office of Justice Programs. NOW THEREFORE, BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. T;iat the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authcrized to enter into an agreement, attached hereto as Exhibit "A", with Cherub's Corner Tutoring Center, in an amount not to exceed $5,000, for the purpose of providing General Education P.R NO.15282 Page 2 of 2 Development (GED) preparation and instruction, to be funded by Weed and Seed grant funds. 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 cote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST: TERRI HANKS, CITY SECRETARY APPROVE~D -ASnTO FORM: "~"~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER P OVED AS T AILABILITY F FUNDS: DIRE OR OF FI ~ .NCE ~ ~~ EXIUBIT "A" TO THE RESOLUTION THE STATE OF TEXAS § COUNTY OF JEFFERSON § - -NOlYEXCLUSIY~~ONTRACT- - - - FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into as of this _ day of A.D., 2009, by and between Cherub's Corner Tutoring Center (hereinafter called "CONSULTANT") the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") and administered by its Weed and Seed Coordinator, LaTonya Turner. 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 GeneralEducation Development (GED) classes (as requested by the Program Manager) as described in Exhibit "A". (b) Compensation: Consultant's compensation for Basic Services shall be as delineated in Exhibit "B". contract-prof.services cherub's corner 1 3. TIME OF PERFORMANCE CONSULTANT will proceed immediately upon execution of this Contract and as requested by the Program Coordinator of the Weed and Seed Program Program Manaeer). tivith_~erfnrmanr~mf +?~„~-servviees~alled--farundet-"gasrc - Services" unless delayed by causes outside the control of the CONSULTANT and will proceed with subsequent work only on authorization by Program Coordinator. CONSULTANT shall immediately submit to CITY in writing evidence of delay satisfactory to the Program Manager's reasonable discretion, upon which an extension of time equal to the period of actual delay may be granted in writing. 4. INFORMATION AND 8ERVICES TO BE FURNISHED CONSULTANT It is agreed that the CITY will furnish, without charge, for the use of the Contractor, information as to the participants 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 Coordinator. 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 as requested by the Program Coordinator and prior to June 30, 2009. CITY agrees to pay CONSULTANT the full amount of each such invoice within fifteen (15) days of receipt. 6. RECORDS CONSULTANT shall keep accurate records, including participant application forms, and 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. contract-prof.services_cherub's corner 2 7. OWNERSHIP OF DOCUMENTS All purchased materials, equipment, and books are property of CITY. CONSULTANT shall return the items upon the completion of the classes. 8. SCHEDULE OF COURSES; CONSULTANT 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. 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 ar damage arising out of noncompliance with such laws, ruses 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 Cherub's Corner Tutoring Services Attn: LaTonya Turner, Attn: Ambatshe Mimie Mutamba Program Coordinator 2005 Broadway Street P.O. Box 1089 Suite i01 Port Arthur, Texas 77641-1089 Beaumont, TX 77701 All notices and communications under this contract shall be mailed or delivered to CITY and CONSULTANT at the above addresses. contract-prof.services_cherub's corner 3 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 succes_sors,__executors, admnistrators_.and-_assigns_of-~uc_h_othei._party-gin 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 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, Pazagraph 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 aze mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. contract-prof.services cherub's corner 4 15. PERSONNEL A. The CONSULTANT represents that he has, or will secure at his own ~l~se, all' personnel required in performing the services ~ncle~thinConfi~ac~--------- - ------------ B. All of the services required hereunder shall be performed by the CONSULTANT 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 specified by written Contract or agreement and shall be subject to each provision of this Contract. i6. 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. CIVII, 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 disc~rim;,,~hon under any program or activity of the CITY. 18. INTEREST OF CONSULTANT AND EMPI:OYEES 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 per~n having such interest shall be employed. contract-prof.services cherub's corner 5 19. INCORPORATION OF PROViSION3 R UIRED 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 ~.nd_enforced- as- ~hc3ugh-e~c~-mere-inciude~~erehs.- -~i'-tt~iougti mi`s~ake-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- contract-prof. services_cherub~s corner 6 SIGNED AND AGREED TO on this the _ day of 2009. CONSULTANT: BY: Cherub's Coraer Tutoring Center Ambatshe Mamie Mutamba 2500 Broadway Street, Suite 101 Beaumont, TX 77701 SIGNED AND AGREED TO on this the _ day of 2009. CITY OF PORT ARTHUR, TERAS SY: APPROVED AS TO FORM: City Attorney City Manager contract-prof. services cherub's corner 7 EXHIBIT "A" The consultant Cherub's Corne~T_utoring Cenxea-~ shall-t~ac~ tip-to-two - separate five-week GED Preparation courses offered between June 8, 2009 and August 14, 2009. Each GED Preparation course, lesson plans, and practice tests will be geared toward the five GED Tests. The tests cover five subjects: Language Arts -Reading, Language Arts -Writing, Mathematics, Science, Social Studies. Each GED Preparation course is twelve (12) hours per week for a total of five (5) weeks. Reports will be submitted as to class enrollment, attendance, and progress of the participants. contract-prof. services cherub's corner 8 EXHIBIT "B" Consultant, Cherub's Corner Tutoring Center's, compensation for Professional Services shall be at a rate of $25 per hour, for GED instruction services, for 12 hours per week, for up to ten (10) weeks, for a total cost not to exceed $4,000. Compensation will also include payment for time dedicated to individual class preparation, at an hourly rate of $25, with one hour of preparation time for every three (3) hours of instruction, for a total cost not to exceed $1,000. contract-prof.services cherub's corner 9