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HomeMy WebLinkAboutPR 15339: APOLONIO FLORES - CONSULTANT FOR NEIGHBORHOOD STABILIZATION PROGRAM IIInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~Z~ ~~~_ Date: June 26, 2009 Subject: P. R. No. 15339; Council Meeting June 30, 2009 Attached is P. R. No. 15339 authorizing the City' Manager to execute a Letter Agreement with Apolonio Flores. as a consultant for the Neighborhood Stabilization Program II. MTS:ts Attachment z.pr15339_memo ,~ P. R. No. 15339 06/23/09 is RESOLIITION NO. A RESOLIITION AIITHORIZING THE CITY MANAGER TO E%SCIITE AN AGREEMENT WITH APOLONIO FLORES AS A CONSIILTANT FOR THE NEIGHBORHOOD STABILIZATION PROGRAM II WHEREAS, pursuant to Resolution No. 09-248, the City Council authorized the City Manager to negotiate a contract with Apolonio Flores in an amount not to exceed $7,000 as it pertains to the Neighborhood Stabilization Program, with the final contract to be submitted to the City Council for ratification, and WHEREAS, after further discussions with Apolonio Flores and representatives of the Housing Authority, it is deemed in the best interests of the public to retain Apolonio Flores at an hourly rate of $75, plus expenses, not to exceed $18,000; and WHEREAS, the City of Port Arthur will pay 2/3 of said costs, not to exceed $12,000; and WHEREAS, this will be contingent upon the Housing Authority paying 1/3 of said costs, not to exceed $6,000; and WHEREAS, Apolonio Flores will provide consultation, coordination, and oversight services in regards to preparing the application for the Neighborhood Stabilization Program II, as delineated in Exhibit "A" NOW THEREFORE, BE IT RESOLVED HY THS CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute an Agreement with Apolonio Flores as to provide consultation, coordination, and oversight services for the Neighborhood Stabilization Program II, in substantially the same form as attached hereto as Exhibit "A". Section 3. That Mr. Flores shall be paid $75 an hour, plus expenses, up to an amount not to exceed $18,000. Section 4. That the City of Port Arthur will pay 2/3 of said costs, not to exceed $12,000. Section 5. That this Agreement with Apolonio Flores will be contingent upon the Housing Authority paying 1/3 of said costs, not to exceed $6,000 as delineated in Exhibit "A" and signing said Consultation Agreement in substantially the same form as attached hereto as Exhibit "A". Section 6. 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: CITY SECRETARY APPROVED AS TO FORM: / ~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FIINDS DIRECTOR OF FINANCE 001-1003-512.59-00 M97903 Exhibit ~~A" THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT THIS AGREEMENT, entered into as of this 1st day of July, A.D., 2009, by and between Apolonio (Nono) Flores (hereinafter called "CONSULTANT") ,the CITY OF PORT ARTHUR, (hereinafter called the "CITY") and the Port Arthur Housing Authority (hereinafter called the "Housing Authority"). WITNESSETH THAT: WHEREAS, the CITY and the Housing Authority desire to engage or contract with the Consultant to render certain professional services hereafter described in "Scope of Services". NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. ENGAGEMENT OF CONSULTANT The CITY and HOUSING AUTHORITY 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 1) Description of Work: CONSULTANT shall perform the services as described as follows: Provide consulting services to the City of Port Arthur and the Housing Authority for preparing and submitting an application to the U.S. Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program II. Also, the consultant will assist the City and Housing Authority in gathering information needed to prepare the application. 2) Compensation: CONSULTANT's compensation for Basic Services shall be $75 per hour as well as travel expenses based on actual cost for airfare, rental car, lodging and meals, at the IRS rate for use of personally owned vehicle with reimbursement for actual out of pocket expenses (i.e. I z.contract-professional. services_APOLONIOFLORES mailings and printing). The total costs and fees will not exceed $18,000 with the City paying 2/3 of the bills not to exceed a total of $12,000 and the Housing Authority paying 1/3 of the bills not to exceed $6,000. 3. TIME OF PERFORMANCE CONSULTANT will proceed immediately upon execution of this Contract with performance of the services unless delayed by causes outside the control of the CONSULTANT and will proceed with subsequent work only on authorization by the CITY and by the Housing Authority. CONSULTANT shall immediately submit to CITY and Housing Authority in writing evidence of delay satisfactory to the CITY'S and Housing Authority's reasonable 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 CONSULTANT It is agreed that the CITY and Housing Authority will furnish, without charge, for the use of the CONSULTANT, information as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services". The CITY and Housing Authority will cooperate with the CONSULTANT to facilitate the performance of the work described in this Contract. This information may be confidential and will not be released by the CONSULTANT without the permission of the CITY and the Housing Authority. 5. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION: CITY and Housing Authority will pay CONSULTANT for work performed and services rendered under Paragraph 2 "Scope of Services" B. PAYMENT: CONSULTANT will invoice CITY and Housing Authority. CITY and Housing Authority agrees to pay CONSULTANT the full amount of each such invoice within fifteen (15) days of receipt. 6. RECORllS CONSULTANT shall keep accurate records, including 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 z z.contract-professional. services_APOLONSOFLORES shall be made available to the CITY and Housing Authority for inspection and copying upon reasonable request. 7. SCHEDULE OF MEETINGS: CONSULTANT agrees to meet with the CITY and Housing Authority to determine a mutually course of action in preparing the application as delineated in the Scope of Services. S. 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 and Housing Authority, 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 and Housing Authority, 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. 9. ADDRESS OF NOTICES AND COMMUNICATIONS: CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager P.O. Box 1089 Port Arthur, Texas 7764 1-1089 z.contract-professional. services_APOIANIOFLORFS 3 HOUSING AUTHORITY 920 DeQueen Boulevard Port Arthur, Texas 77640 APOLONIO (NONO) FLORES 201 Cueva Lane San Antonio, Texas 78232 All notices and communications under this contract shall be mailed or delivered to CITY, HOUSING AUTHORITY and CONSULTANT at the above addresses. 10. SUCCESSORS AND ASSIGNMENTS The CITY, Housing Authority and the 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, Housing Authority 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. 11. 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 and Housing Authority 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 and Housing Authority for damages sustained by the CITY and Housing Authority by virtue of any breach of the Contract by the CONSULTANT and the CITY and Housing Authority 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 and Housing Authority from the CONSULTANT is determined. z.contract-professional. services_APOIANIOFLORES 4 12. TERMINATION FOR CONVENIENCE OF THE CITY The CITY and the Housing Authority 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 and by the Housing Authority as provided herein, the CONSULTANT will be paid for the time and costs provided up to the termination date. If this Contract is terminated due to the fault of the CONSULTANT, Paragraph 11 hereof relative to termination shall apply. 13. The CITY and Housing Authority 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, Housing Authority and CONSULTANT shall be incorporated in written amendments to this Contract. 14. A. The CONSULTANT 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 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 and the Housing Authority. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 15. REPORTS AND INFORMATION The CONSULTANT at such times and in such forms as the CITY and Housing Authority may require, shall furnish the CITY and Housing Authority 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. z. contract-professional. services_APOLONIOPIAAHS 5 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 and Housing Authority. 17. INTEREST OF CONSULTANT AND EMPLOYEES 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 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 party. SIGNED AND AGREED TO on this the _ day of , 2009. CONSULTANT: APOLONIO FLORES SIGNED AND AGREED TO on this the _ day of , 2009. CITY OF PORT ARTHUR, TEXAS BY: z. contract-professional. services_APOLONIOFIARES 6 SIGNED AND AGREED TO on this the _ day of , 2009. PORT ARTHUR HOUSING AUTHORITY BY: z. contract-professional. services APOIANIOFIARBS