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HomeMy WebLinkAboutPR 15315: LAW ACADEMY & VANESSA WASHINGTON - AGREEMENTSINTEROFFICE MEMORANDUM To: Stephen Fitzgibbons, City Manager From: Colleen Russell, Director, Planning & Community Development Re: P.R. No. 15315 Date: June 11; 2009 RECOMMENDATION: It is recommended that the City Council approve P.R. No 15315. This resolution would authorize the City Manager to execute agreements with L.A.W. Academy, and Vanessa Washington, on behalf of the Port Arthur Weed and Seed Initiative; in an amount not to exceed seven thousand one hundred dollazs ($7,100). 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. The Port Arthur Weed and Seed Steering Committee have voted to partner with L.A.W. Academy, Inc.; for the purpose of providing substance abuse counseling to residents of the Weed and Seed designated neighborhood. Through partnership with L.A.W. Academy, neighborhood clients, in need, may be served at no cost, or at a defrayed cost. In addition, Port Arthur Weed and Seed's current budget includes funds to support the facilitation of Skills Training for Weed and Seed neighborhood youth. The Port Arthur Weed and Seed Steering Committee have voted to partner with Vanessa Washington for the facilitation a Cooking Skills Camp. BUDGETARY/FISCAL EFFECT: Port Arthur Weed and Seed's current gran[ allows for the movement of up to ten percent ($17,500) of the entire budget ($175,000). The Port Arthur Weed and Seed steering committee have voted to move $6,500 in the Consultants/Contracts category to support the agreement with L.A.W. Academy. Funds for the Cooking Skills Camp aze listed in the current budget. Funds are available for both expenditures in the Port Arthur Weed and Seed grant (WS0701); account number 114-1051-517-59-00. STAFFING/EMPLOYEE EFFECT None SUMMARY ]t is recommended that the City Council approve P.R. No. 15315, authorizing the City Manager to execute agreements in an amount not to exceed seven thousand one hundred dollars ($7,100) with L.A.W. Academy and Vanessa Washington, on behalf of the Port Arthur Weed and Seed Initiat e. ~-C I . I P.R.No.15315 L.T. RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, NOT TO ERCEED SEVEN THOUSAND ONE HUNDRED DOLLARS($7,100),WITH L.A.W. ACADEMY, INC. AND VANESSA WASHINGTON, ON BEHALF OF THE PORT ARTHUR WEED AND SEED INITIATIVE; ACCOUNT N0.114-1051-517-59-00 (WS0701). WHEREAS, the City of Port Arthur has received official recognition as a Weed and Seed site; and WHEREAS, the Port Arthur Weed and Seed Steering Committee desires to contract with L.A.W. Academy, in the amount of $6,500, for the purpose of providing substance abuse counseling services to residents of the Weed and Seed designated neighborhood, as delineated in Exhibit "A", attached hereto; and WHEREAS, the Port Arthur Weed and Seed Steering Committee desires to contract with Vanessa Washington, in the amount of 5600, for the purpose of providing Cooking Skills Training to youth residents of the Weed and Seed designated neighborhood, as delineated in Exhibit ~~B",attached hereto; and WHEREAS, the agreements, are aligned with the Port Arthur Weed and Seed Strategy, 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. P.R N0.15315 Page 2 of 3 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 agreements with L.A.W. Academy and Vanessa Washington, attached hereto in substantially the same form as Exhibit '~A" and Exhibit '~B", in an amount not to exceed $ 7,.100, for the purpose of providing substance abuse counseling services and Cooking Skills Training to residents of the Weed and Seed designated neighborhood on behalf of the Port P.rthur Weed and Seed Initiative 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. P.R N0.15315 Page 3 of 3 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: TERRZ HANKS, CITY SECRETARY APPRO®VED AS TO FORM: LLC- ~ Q G~ CITY AT ORNE ~~ APPROVED FOR ADMINISTRATION: CITY MANAGER APP D AS? T~Oj AVAILABILITY OF FUNDS: b6~n~%~//X/ D RECTOR OF FIN E EXHIBIT "A" TO THE RESOLUTION THE STATE OF TEXAS § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT THIS AGREEMENT, entered into as of this day of , A.D., 2009, by and between Love at Work Academy, Inc., Port Arthur, Texas (hereinafter called "L.A.W. Academy°) 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 L.A.W. Academy to render certain services hereafter described in "Scope of Services". NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF L.A.W. ACADEMY The CITY hereby agrees to engage L.A.W. Academy and L.A.W. Academy 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: L.A.W. Academy shall provide the services as described in Exhibit "A". (b) Compensation: L.A.W. Academy's reimbursement for Basic Services shall be as delineated in Exhibit "B". 3. TIME OF PERFORMANCE L.A.W. Academy 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 L.A.W. Academy and will proceed with subsequent work only on authorization by Program Coordinator. L.A.W. Academy 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. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION CITY will reimburse L.A.W. Academy for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT L.A.W. Academy will invoice CITY for the costs as requested by the Program Coordinator and prior to September 10, 2009. CITY agrees to pay L.A.W. Academy the full amount of each such invoice within fifteen (15) days of receipt. 5. RECORDS L.A.W. Academy shall keep accurate records of client proof of residence information, and proof of attendance (counseling session sign-in sheets.) Such records shall be kept in the office of L.A.W. Academy 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. L.A.W. Academy shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of L.A.W. Academy 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, L.A.W. Academy 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 L.A.W. Academy's employees. Further, L.A.W. Academy 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 L.A.W. Academy in the performance of this Contract. z The foregoing indemnification provision shall apply to L.A.W. Academy regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 7. ADDRESS OF NOTICES AND COMMUNICATIONS OWNER: L.A.W. ACADEMY: CITY OF PORT ARTHUR L.A.W. Academy ATTN: LaTonya Turner, 1909 Jefferson Drive Program Coordinator Port Arthur; Texas 77642 P.O. Box 1089 Port Arthur, Texas 77641-1089 All notices and communications under this contract shall be mailed or delivered to the CITY and L.A.W. Academy at the above addresses. 8. SUCCESSORS AND ASSIGNMENTS The CITY and L.A.W. Academy 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 L.A.W. Academy 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, L.A.W. Academy shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if L.A.W. Academy 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 L.A.W. Academy 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, L.A.W. Academy shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by L.A.W. Academy and the CITY may withhold any payments to L.A.W. Academy for the purpose of set-off until such time as the exact amount of damages due the CITY from L.A.W. Academy 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 L.A.W. Academy. If the Contract is terminated by the CITY as provided herein, L.A.W. Academy will be reimbursed for the services provided up to the termination date. If this Contract is terminated due to the fault of L.A.W. Academy, Paragraph 9 hereof relative to termination shall apply. 11. PERSONNEL A. L.A.W. Academy 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 L.A.W. Academy 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 L.A.W. Academy 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. a 14. INTEREST OF L.A.W. ACADEMY AND EMPLOYEES L.A.W. Academy 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. L.A.W. Academy further covenants that in the performance of this contract, no person having such interest shall be employed. 15. 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 . s SIGNED AND AGREED TO on this the day of , 2009. L.A.W. ACADEMY: BY: Print Name Signature SIGNED AND AGREED TO on this the _ day of , 2009. CITY OF PORT ARTHUR, TEXAS: BY: APPROVED A3 TO FORM: City Attorney City Manager 6 EXHIBIT °A" It is mutually agreed that L.A.W. Academy commit to the following: • Provide individual substance abuse counseling services (12-week program) to Weed and Seed residents at a rate of $600 per resident (S50 per session x 12 sessions). • Utilize a Licensed Chemical Dependency Counselor (LCDC) to provide the above mentioned services. • Lead in the recruitment of Weed and Seed neighborhood residents as participants of the individual counseling services. • Communicate and work with the steering committee members and stakeholders of Port Arthur Weed and Seed in implementing and documenting this effort. • Serve as a representative to the Port Arthur Weed and Seed Steering Committee, with regazd to this partnership. EXHIBIT "B" It is mutually agreed that: For each Weed and Seed neighborhood resident, Port Arthur Weed and Seed will reimburse L.A.W. Academy $50 for each session of substance abuse counseling services; for a total of up to twelve (12) sessions per resident. The reimbursement amount will be calculated by L.A.W. Academy and confirmed by the Weed and Seed Coordinator, and based upon documented participation sign-in sheets and proof of residence information. Total reimbursement will not exceed $ 6,500.00 as delineated in the attached requisition. EI~LIIIBIT "B" TO THE RESOLUTION THE STATE OF TEXA3 § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT THIS AGREEMENT, entered into as of this day of , A.D., 2009, by and between Vanessa Washington, (hereinafter called "Consultant"), 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 Consultant to render certain 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 Consultant and Consultant 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: Consultant shall provide the services as described in Exhibit "A". (b) Compensation: Consultant's reimbursement 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 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 Consultant and will proceed with subsequent work only on authorization by Program Coordinator. Consultant shall immediately submit to CITY in writing evidence of delay i 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 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 September 10, 2009. CITY agrees to pay Consultant the full amount of each such invoice within fifteen (15) days of receipt. 5. RECORDS The Consultant shall keep accurate records of camp participation and daily sign-in sheets. Such records shall be made available to the CITY for inspection and copying upon reasonable request. 6. The 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. z 7. ADDRESS OF NOTICES AND COMMUNICATIONS OWNER: CONSULTANT: CITY OF PORT ARTHUR Vanessa Washington ATTN: LaTonya Turner, 3142 East 12~ Street Program Coordinator Port Arthur, TX 77642 P.O. Box 1089 Port Arthur, Texas 77641-1089 All notices and communications under this contract shall be mailed or delivered to CITY and Consultant at the above addresses. 8. SUCCESSORS AND ASSIGNMENTS The CITY and 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 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. 9. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, Consultant shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if 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 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, 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 Consultant and the CITY may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due the CITY from Consultant 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 Consultant. If the Contract is terminated by the CITY as provided herein, Consultant will be reimbursed for the services provided up to the termination date. If this Contract is terminated due to the fault of Consultant, Paragraph 9 hereof relative to termination shall apply. 11. PERSONNEL A. Consultant represents that she has, or will secure at her own expense, all personnel required in performing the services under this Contract. B. All of the services required hereunder shall be performed by Consultant or under her 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 Consultant at such times and in such forms as the CITY may require, shall furnish the CITY such 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. 9 14. INTEREST OF CONSULTANT AND EMPLOYEES Consultant covenants that she 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 her services hereunder. Consultant further covenants that in the performance of this contract, no person having such interest shall be employed. 15. 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. s SIGNED AND AGREED TO on this the _ day of , 2009. CONSULTANT: BY: Print Name Signature SIGNED AND AGREED TO on this the _ day of , 2009. CITY OF PORT ARTHUR, TEXAS: BY: City Manager APPROVED AS TO FORM: City Attorney EXHIBIT "A" The consultant shall design and facilitate athree-dav cooking camp, for elementary school students, to take place prior to September 10, 2009. Day One- Camp Topics will include: Nutritional Pyramid Overview • Sanitation Preparation • Menu Planning • Cooking Demonstration -sandwiches Day Two -Camp Topics will include: Nutritional Pyramid Overview Sanitation Preparation Menu Planning Cooking Demonstration -pigs in a blanket Day Three -Camp Topics will include: Nutritional Pyramid Overview Sanitation Preparation Menu Planning Cooking Demonstration -mini pizzas EXHIBIT "B" The Consultant shall perform the Scope of Work, for an amount of $ 200.00 per day, for a total amount not to exceed $600.00. Travel, materials, and supply expenses will not be covered under this contract. The payment will be made upon completion of the three-day cooking camp. The project will be considered complete after the submission of camp -student evaluation forms, prior to September 10, 2009.