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HomeMy WebLinkAboutPR 15721: PORT ARTHUR YOUTH PROGRAM TEACHING CONTRACTS interoffic MEMORANDLTNI To: Mayor, City Council, and City Manager ~~ From: Valecia R. Tizeno, Acting City Attorney Date: February 3, 2010 Subject:. P. R. No. 15721; Council Meeting February 9, 2010 Attached is P. R. No. 15721 approving teaching contracts for the Port Arthur Youth Program. VRT:gt Attachments e.pi15721 memo l P. R. No. 15721 01/29/10 gt RESOLIITION NO. A RESOLIITION APPROVING TEACHING CONTRACTS FOR THE PORT ARTHIIR YOIITH PROGRAM WHEREAS, on October 20, 2009, per Resolution 09-473, the South East Texas Regional Planning Commission awarded. the City of Port Arthur $513,309; and WHEREAS, the Port Arthur Youth Program has received $309,250 of said award to perform certain services for the benefit of At Risk Youth and Adults, which includes Counseling Services, Prevention and Intervention Services and Motivation workshops; and WHEREAS, the Port Arthur Youth Program is in the process of scheduling classes for the Self-Esteem & Character Building Class, GED Prep .and Testing Guidance Class, Truancy Prevention Class, Intensive Anger Management Class, Drug,- Alcohol and Tobacco Awareness Class, Parenting Classes for women, and Parenting Classes for Men; and WHEREAS, it is deemed in the best interests of the citizens to approve teaching contracts between the City of Port Arthur and the certified licensed Consultants teaching the above-described said classes, in substantially the same form as attached hereto as Exhibits "A" and °B". s.pr15721 NOW THEREFORE, BE IT RESOLVED BY T$E CITY COIINCII. OF T$E CITY OF PORT ARTHDR, TEBAS: Section 1. That the facts and opinions in .the preamble are true and correct. Section 2. That the City Council Herein authorizes the Port Arthur Youth Program Manager to execute the teaching contracts between the City of Port Arthur and the Consultants in substantially the same form as attached hereto as Exhibits "A" and „g„ 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., 201.0, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: MAYOR ATTEST; CITY SECRETARY s'.pr15721 APPROVED AS TO FORM: A TIN .CITY TORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER s.pr15721 EXHIBIT "A" THE STATE OF TEXAS § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into as of this _ day of A.D., 2010, by and between Sharon Session (hereinafter called "CONSULTANT") the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") and administered by the City Attorney's Office, in its Port Arthur Youth Program. 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 classes on an as needed basis (as requested by the Acting City Attorney or her designee) as described in Exhibit "A°. (b) Compensation: Consultant's compensation 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 Acting City Attorney or her- designee with performance of the services called for under "Basic Services" unless delayed by causes outside the control of the CONSULTANT and will proceed- with subsequent s. contract-prof.aervices_sharon aeasion y work only on authorization by Acting City Attorney. CONSULTANT shall immediately submit to CITY in writing evidence of delay satisfactory to the City Attorney'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 will- furnish, without charge, .for the use of the Contract, information• as to the students as ate 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 Acting City Attorney or her designee. 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 on a monthly basis, or at such times as requested by the Acting City Attorney or her designee. 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 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. ?. OWNERSHIP OF DOCUMENTS All documents, including books are property of CITY. CONSULTANT shall return the books upon the completion of the classes. s. contract-prof.aervices aharon aeasion 2 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the Acting City Attorney or her designee of the PORT ARTHUR YOUTH. 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 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. 10. ADDRESS OF NOTICES AND COMMUNICATIONS OWNER: CITY OF PORT ARTHUR ATTN: City Attorney P.O. Box. 1089 Port Arthur, Texas 7764 1-1 089 CONSULTANT: Sharon Session Port Arthur, TX 77640 All notices and communications under this contract shall be mailed. or delivered to CITY and CONSULTANT at the above addresses. 11. SUCCESSORS AND ASSIGNMENTS The CITY and the CONSULTANT each. binds herself and her 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 CONSULTANT shall assign, sublet or transfer his interest in this Contract without the written consent of the other. Nothing herein shall be s. contract-prof.aervices aharon session 3 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, Paragraph 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 are mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. 15. PERSONNEL 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 liy 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. s.contract-prof services eharon session 4 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 Contractor agreement and shall be subject. to each provision of this Contract. 16. 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. 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. 18. 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. 19. INCORPORATION OF PROVISIONS Rii'.OUIRED 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. contract-prof.services_aharon session 5 SIGNED AND AGREED TO on this the _ day of , 2010. CONSULTANT: Sharon. Session Port Arthur, TX 77642 SIGNED AND AGREED TO on this the day of , 2010. CITY OF PORT ARTHUR, TERAS BY: Acting City Attorney s. contract-prof. services Sharon session ESHIBIT "A" Consultant, Sharon Sessioa, shall teach College Prep and SAT Eaglish or other classes as requested for the benefit of the Port Arthur Youth Program. There are two sessions of two (2) hours in duration per week, for a six (6) week period. Reports will be submitted as to class enrollment, attendance and progress of the students. Sharoa Session may also be requested to perform such other evaluations, mentoring program, presentations, and other similar activities. s.contzact-prof.aervicea_aharon session ~ 8%HZBIT ^B° Consultant, Sharon Session's, compensation for Basic Services shall be $125.00 per two-hour class for a six (6) week period. This class will continue on an "as needed" basis and as requested by the City Attorney or his designee. Consultant, Sharon Session, may also be requested to perform such other evaluations, school mentoring program, presentations, and other similar activities, which will be billed: at $62.50 per hour, all of such programs designed to mentor at-risk youth and their. families and such activities by Consultant to be done based on her availability. s.contract-prof.aervices_aharon session g EXHIBIT "B" THE STATE OF TEXAS § COUNTY OF JEFFERSON § NONEXCLUSIVE CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT,. entered into as of this _ day of , A. D., 2010, by and between Sharon Hill (hereinafter called "CONSULTANT") the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") and administered by the City Attorney's Office, in its Port Arthur Youth Program. 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 classes on an as needed basis (as requested by the City Attorney or his designee) as described in Exhibit."A". (b) Compensation: Consultant's compensation for Basic Services shall be as delineated in Exhibit "B". 3. T'YME OF PERFORMANCE CONSULTANT will proceed immediately upon. execution of this Contract and as requested by the City Attorney or his designee with performance of the services called for under "Basic Services" unless delayed by causes outside the control. of the CONSULTANT and will proceed with. subsequent work only on authorization by City Attorney. CONSULTANT shall immediately submit to s.coutract-prof aervices_aharon hill 1 CITY in writing evidence of delay satisfactory to the City Attorney'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 will furnish, without charge, for the use of the Contract, information as to the students as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope o£. 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 City Attorney or his designee. 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 on a monthly basis, or at such times as requested by the City Attorney or his designee. 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 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. 7. OWNERSHIP OF DOCUMENTS All documents, including books are property of CITY. CONSULTANT shall return the books upon the completion of the classes. s. contract-prof.services_shazon hill ~ y 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the City Attorney or his designee of the PORT ARTHUR YOUTH 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 hazmless 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. 10. ADDRESS OF NOTICES AND COMMUNICATIONS OWPiER: CITY OF PORT ARTHUR ATTN: City Attorney P.O. Box 1089 Port Arthur, Texas 77641-1089 CONSULTANT: Sharon Hill Port Arthur, TX 77640 All notices and communications under .this contract shall be mailed or delivered to CITY-and CONSULTANT at the above addresses. 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 successors, executors, administrators and. assigns of such other party, in respect to all covenants of this.Contract. Except as above, neither the CITY s.contract-prof.services Sharon hill 3 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, Paragraph 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 are mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. 15. 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 s.con[ract-prof. services_sharon. hill - 4 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. 16. 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. CYVIL 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. 18. 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. 19. INCORPORATION OF PROVISIONS REpUIRED 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 Pat'tY• s.contract-prof.aervicea_skuron hill 5~ a SIGNED AND AGREED TO on this the day of , 2010.. CONSULTANT: Sharon Hill Port Arthur, TX 77642 SIGNED AND AGREED TO on this the _ day of , 2010. CITY OF PORT ARTHUR, TEXAS BY: Acting City Attorney s. contract-prof.services_sharon hill 6 ERHIBIT "A" Consultant, Sharon Hill, is certified in Substance Abuse Subtle Screening Inventory and shall administer the SASSI to all at-risk participants in the Port. Arthur Youth Program and prepare a detailed evaluation and referrals for further .drug or alcohol counseling, if necessary. Sharon Hill will also assist with other special projects as requested. s.contract-prof .services_sharon hill 7 PsBHIBIT "B" Consultant, Sharon Hill's, compensation for Basic Services shall be $62.50 per hour. These SASSI evaluations and assistance with special projects will continue on an "as needed" basis and as requested by the Acting City Attorney or her designee. s.contract-prof.servicea_sharon hill g