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HomeMy WebLinkAboutPR 15283: SALVATION ARMY AGREEMENTINTEROFFICE MEMORANDUM To: Stephen Fitzgibbons, CiTy Manager From: Colleen Russell, Duector, Planning & Community Development Re: P.R. No. 15283 . - -- -Date: - - -Magma 2999- - - - - RECOMMENDATION: It is recommended that the City Council approve P.R. No. 15283. This resolution would authorize the City Manager to enter into an agreement with The Salvation Army, on behalf of the Port Arthur Weed and Seed Initiative. Through this agreement, The Salvation Army will provide its Summer Camp program to twenty youth residents of the Port Arthur Weed and Seed designated neighborhood. The City will pay the costs for each youth's participation. This partnership will provide summer camp opportunities for neighborhood youth who are unable to pay camp costs. BACKGROUND: Weed and Seed is a comprehensive strategy to assist communities in bringing together people and resources to prevent and control crime and improve the overall quality of life. 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. During the summer of 2007, Port Arthur Weed and Seed partnered with the Salvation Army in providing `camperships' for youth residents who were unable to pay for summer camp. The partnership was a success. The Salvation Army received reimbursement through the Weed and Seed grant. The Port Arthur Weed and Seed steering committee has voted to partner main with The Salvation Arm for this _ __ _ ___ same purpose. - - - - BUDGETARY/FISCAL EFFECT: Funds will be reimbursed through the Port Arthur Weed and Seed grant; account numbers 114-1051-517-99-00;114-1051-517-59-00(WS0701). STAFFING/EMPLOYEE EFFECT None SUMMARY It is recommended that the City Council approve P.R. No. 15283, authorizing the City Manager to execute an agreement in an amount not to exceed six thousand, six hundred seventy five dollazs ($6,675) with The Salvation Army, on behalf of the Port Arthur Weed and Seed Ini iative. ~ ,4 I P.R.No.152S3 L.T. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SALVATION ARMY, ON BEHALF OF THE PORT ARTHUR WEED AND SEED INITIATIVE; ACCOUNT N0.114-1051-517-99- 00;114-1051-517-59-00 (WS0701). WHEREAS, the City of Port Arthur received official recognition as a Weed and Seed site in 2002; and WHEREAS, Port Arthur Weed and Seed has received grant funding for the purpose of providing summer activities for neighborhood youth; and WHEREAS, the agreement, attached hereto as Exhibit "A", is aligned with, and shall be funded by, the Port Arthur Weed and Seed grant, which has been awarded by the United States Department of Justice, Office of Justice Programs. NOW THEREFORE, BE IT RESOLVED BY TSE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to enter into an agreement, attached hereto as Exhibit "A", with The Salvation Army, in an amount not to exceed 56,675, for the purpose of providing summer activities for Weed and Seed neighborhood youth, to be funded by Weed and Seed grant funds. P.R NO. 15283 Page 2 of 2 Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. _ ._ .. _ .. REAII_,. ADOPTED AND.._APERO_StF.II on Lhi_~ _ _day_.of - _ - _ _ .. _ _ A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: MP_YOR ATTEST: TERRI HPNKS, CZTY SECRETARY APP~ROV^ED AS TO FORM: `~" CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MP.NAGER AS TO AVAILASILI~r OF FUNDS: ., n I _ _ /1 DIRECTOR OF FINANCE THE 8TATE OF TEXA$ § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT THIS AGREEMENT, entered into as of this _ day of A.D., 2009, by and between The Salvation Army, Port Arthur, Texas (hereinafter called "The Salvation Army") 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 The Salvation Army to render certain services hereafter described in "Scope of Services°. NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF THE SALVATION ARMY The CITY hereby agrees to engage The Salvation Army and The Salvation Army 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: The Salvation Army shall provide the services as described in Exhibit "A". (b) Compensation: The Salvation Army's reimbursement for Basic Services shall be as delineated in Exhibit "B". 3. TIME OF PERFORMANCE The Salvation Army 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 The Salvation Army and will proceed with subsequent work only on authorization by Program Coordinator. The Salvation Army shall immediately submit to CITY in writing evidence of delay satisfactory to the Program Coordinator's reasonable discretion, upon which an extension of time equal to the period of actual delay may be granted in writing. 4. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION CITY will reimburse The Salvation Army for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT The Salvation Army will invoice CITY for the costs as requested by the Program Coordinator and prior to June 30, 2009. CITY agrees to pay The Salvation Army the full amount of each such invoice within fifteen (15) days of receipt. 5. RECORDS The Salvation Army shall keep accurate records of registration forms and daily sign-in sheets. Such records shall be kept in the office of The Salvation Army 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. 6. INDEMNIFICATION The Salvation Army shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of The Salvation Army 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, The Salvation Army 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 The Salvation Army's employees. Further, The Salvation Army 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 The Salvation Army in the performance of this Contract. The foregoing indemnification provision shall apply to The Salvation Army regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. z 7. ADDRESS OF NOTICES AND COMMUNICATIONS OWNER: - -CITY OF_P_ORT_ARTHUS_ ATTN: LaTonya Turner, Program Coordinator P.O. Box 1089 Port Arthur, Texas 77641-1089 THE SALVATION ARMY: The_Salvation Army _ _ 3145 25~ Street Port Arthur, TX 77642 All notices and communications under this contract shall be mailed or delivered to CITY and The Salvation Army at the above addresses. 8. SUCCESSORS AND A38IGNMENTS The CITY and The Salvation Army 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 Salvation Army 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. 9. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, The Salvation Army shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if The Salvation Army 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 Salvation Army 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 Salvation Army 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 Salvation Army and the CITY may withhold any payments to The Salvation Army for the purpose of set-off until such time as the exact amount of damages due the CITY from The Salvation Army is determined. 3 10. 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 Salvation Army. If the Contract is terminated by the CITY as provided herein, The Salvation Army will be s~imbi~rs~d_f~r the_ ~ervioes _pravided _up_ to the rPrm;nat;nn_ date.. 1L.-this. Contract is terminated due to the fault of The Salvation Army, Paragraph 9 hereof relative to termination shall apply. 11. PERSONNEL A. The Salvation Army represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. B. All of the services required hereunder shall be performed by The Salvation Army or under its 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. 12. REPORTS AND INFORMATION The Salvation Army 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. 13. 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. s 14. INTEREST OF THE SALVATION ARMY AND EMPLOYEES The Salvation Army covenants that it 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 Salvation Army further covenants that in the performance of this contract, no person having such interest shall be employed. 15. INCORPORATION OF PROVISIONS 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 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~'ty. 5 SIGNED AND AGREED TO on this the _ day of , 2009. THE SALVATION ARMY: 3145 25+h Street Port Arthur, TX 77642 SIGNED AND AGREED TO on this the _ day of , 2009. CITY OF PORT ARTHUR, TEXAS: BY: City Manager APPROVED AS TO FORM: City Attorney 6 EXHIBIT "A° Overview The purpose of this agreement is to provide summer camp activities for Weed and Seed neighborhood youth in Port Arthur, Texas. Th2 Salvation Army hosts annua~~mm~_s~mp~~tivities_for~outh__ An ;nrl;viduaL's_cnst fnr_partici}aating . in The Salvation Army's 2009 Summer Camp includes a twenty dollar registration fee and thirty-five dollar weekly participation fee. All participants are responsible for bringing their lunch daily, and paying weekly field trip costs. Weed and Seed Camp Scholazships will aid in providing summer camp opportunities for twenty (20) Port Arthur youth who might not otherwise be able to afford it. Each Weed and Seed Camp Scholazship will cover a youth's registration fee, weekly field trip costs, and weekly participation fee (for up to eight weeks). The Salvation Army agrees to • Recruit Port Arthur Weed and Seed neighborhood youth to participate in its 2009 Summer Camp Program, located at 3145 25tH Street, Port Arthur, TX 77642 • Advertise the Summer Camp opportunity throughout the Weed and Seed neighborhood • Maintain daily participant sign-in sheets and shaze participant's demographic information with the Weed and Seed Coordinator Port Arthur Weed and Seed agrees to: • Provide individual Camp Scholarships for up to twenty (20) youth residents • Verify the home address of each potential 2009 Camp Scholarship recipient It is mutually agreed that: • The person(s) responsible for scholarship selection for the camp may not be a Weed and Seed staff member, committee member or volunteer, and may not be influenced by staff, committee member, or volunteer of Port Arthur Weed and Seed, in the selection of camp scholarship recipients • This agreement in no way restricts Port Arthur Weed and Seed or The Salvation Army from participating in similar activities with other public or private agencies, organizations, and individuals EXHIBIT "B" It is mutually agreed that: • For each neighborhood youth resident, Port Arthur Weed and Seed will reimburse The Satvafibn 71~my~20:0~ foi regis~rafio en es,"and-$3S.O~fo`r weekly par~icipafion~ees - ( for up to 8 weeks) • Port Arthur Weed and Seed will provide an initial $675.00 to cover the field trip costs of neighborhood youth registrants • The total reimbursement amount will be calculated at the completion of the Summer Camp Program. Total reimbursed costs will not exceed $6,000.00 • The total reimbursement amount will be calculated by The Weed and Seed Coordinator, confirmed by a Salvation Army representative, and based upon daily participation sign-in sheets • Total costs for all youth resident participants will not exceed $ 6,675.00 as delineated in the attached requisition.