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HomeMy WebLinkAboutPR 16064: PAISD JUMPSTART TUTORING PROGRAM interoffice MEMORANDUM To: Mayor, City Council, and City Manager t/ From: Val Tizeno, City Attorney / Date: August 30, 2010 Subject: P. R. No. 16064; Council Meeting September 7, 2010 Attached is P. R. No. 16064 authorizing a Memorandum of Understanding with PAISD for the Jumpstart Tutoring Program and to enter into contracts for teaching and mentoring under the Social Services Block Grant. VRT:gt Attachment s.pr16o64 memo P. R. No. 16064 08/30/10 VRT /gt RESOLUTION NO. A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH PAISD FOR THE JUMPSTART TUTORING PROGRAM AND TO ENTER INTO CONTRACTS FOR TEACHING AND MENTORING UNDER THE SOCIAL SERVICES BLOCK GRANT WHEREAS, the City of Port Arthur is the recipient of the Social Services Block Grant funding for the benefit at -risk youth; and WHEREAS, the Port Arthur Independent School District and the City of Port Arthur wish to enter into a Memorandum of Understanding to set up a " Jumpstart Tutorial Program" (a copy of the "MOU" is attached hereto as Exhibit "A "; and WHEREAS, the Jumpstart program will provide after - school tutorial services at each school for the benefit of area youth, said program will be for two hours per day during the first reporting period of the school year; and WHEREAS, through the SSBG program, the City and PAISD also wish to collaborate on the provision of various mentoring programs for area youth, which would include workshops for all grade levels facilitated by the following: Herman Boone, Bill Yost, and Kemba Smith Pradia, as delineated in Exhibits "B -C "; and s.16064 WHEREAS, the Social Services Block Grant has successfully funded a GED program for both at -risk youth and adults throughout 2010 and it is necessary to add three additional teachers in the areas of math and reading, as delineated in Exhibits "D -F ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That it is in the best interests of the citizens of Port Arthur to authorize the City Manager to enter into a MOU with the Port Arthur Independent School District for the Jumpstart Program, in substantially the same form as Exhibit „A„ Section 3. That it is also in the best interest of the citizens of Port Arthur to authorize the City Attorney to enter into a contract with Herman Boone and Bill Yost to provide two mentoring workshops on September 20, 2010 at Memorial High School for the benefit of area at -risk youth, in substantially the same form as Exhibit "B ". Section 4. That it is also in the best interest of the citizens of Port Arthur to authorize the City Attorney to enter into a contract with Kemba Smith Pradia to provide two mentoring workshops on September 28, 2010 at Abraham Lincoln Middle for the s.16064 benefit of area at -risk youth, in substantially the same form as Exhibit "C ". Section 5. That the City Attorney is authorized to enter into teaching contracts with Freddie Titus, Barbara Henry, and Elizabeth Kiel, to expand the GED program in substantially the same form as Exhibits "D -F ". 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., 2010, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: • MAYOR ATTEST: SHERRI BELLARD, ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY / s.16064 APPROVED FOR ADMINISTRATION: CIT AGER s.16064 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT I. Memorandum of Understanding This Memorandum of Understanding (MOU) is voluntarily entered into by the City of Port Arthur, a home rule city and the Port Arthur Independent School District, working through their duly authorized representatives. II. Purpose The City is a recipient of a Social Services Block Grant to provide services to at -risk youth. The City and the PAISD are entering into this MOU in a collective effort to assist with educational programs to benefit at -risk youth in Port Arthur. Both parties recognize and mutually agree that the Jumpstart After - School Tutorial Program will be a valuable asset to all students. III. The jumpstart Tutorial Program The City and PAISD commit to support implementation of a five week tutorial program at the beginning of the 2010 -2011 School Year. The program will provide tutorials at each school campus two hours per day (Monday- Thursday) from August 30, 2010 to September 30, 2010. The goal of the program is to provide students with individualized attention to their academic studies during the first reporting period. a. This program will provide 5 tutors at the following locations: DeQueen Elementary Dowling Elementary Sam Houston Elementary Lee Elementary Travis Elementary Tyrrell Elementary Washington Elementary Austin Middle School Lincoln Middle School Jefferson Middle School b. This program will provide 7 tutors at the following location: Memorial High School Page 1 of 2 IV. Implementation Plan PAISD will assign teachers to each location and the coordinate the tutorial schedules. PAISD will also determine the appropriate curriculum and materials to be used for the tutorials and handle all aspects of managing the tutorial sessions. V. Project Budget The City commits to contribute $60,000 of SSBG funding for the Jumpstart Program for the program. The assigned tutors will be paid a salary of $25.00 per hour. The City will reimburse PAISD on a weekly basis for the costs of the tutorial services. PAISD will present invoices for each tutorial session which will include student sign -in sheets and a description of services. VI. Term for MOU The effective dates of service for the Jumpstart Program will be from August 30, 2010 through September 30, 2010. SIGNED and AGREED to on the day of , 2010. CITY OF PORT ARTHUR BY: SIGNED and AGREED to on the day of . 2010. PORT ARTHUR INDEPENDENT SCHOOL DISTRICT BY: Page 2 of 2 EXHIBIT "B" M E NTORING WORKSHOP AGREEMENT Summary: This agreement is between the City of Port Arthur and Herman Boone and Bill Yost (Facilitators) Facilitators agree that it will provide the services of the Speaker at the time and place noted herein. In consideration for such services, the City of Port Arthur shall pay to Facilitators the Fees and Expenses as noted below. Facilitators: Herman Boone and Bill Yost Date of program: September 20, 2010 Commitment: Herman Boone and Bill Yost have agreed to facilitate two (2) programs /workshops at Memorial High School on behalf of at risk youth. Fee: $12,000 PLUS TRAVEL & LODGING EXPENSES Event: Mentoring Workshops for high school students Venue: Memorial High School 3501 S /Sgt. Lucian Adams Dr. Port Arthur, Texas 77642 On Site Contact: Val Tizeno (409) 983 -8125 work City Attorney (409) 651 -6382 cellular City of Port Arthur Audience: Youth grades 9 through 12 Signature: Signature: Title: Title: Printed Name: Printed Name: Date: Date: s.contract with boon and yost EXHIBIT "C" MENTORING WORKSHOP AGREEMENT Summary: This agreement is between the City of Port Arthur and Kemba Smith Pradia (Facilitator) Facilitator agrees that it will provide the services of the Speaker at the time and place noted herein. In consideration for such services, the City of Port Arthur shall pay to Facilitator the Fee and Expenses as noted below. Facilitator: Kemba Smith Pradia Date of program: September 28, 2010 Commitment: Kemba Smith Pradia has agreed to facilitate two (2) programs /workshops at Abraham Lincoln Middle School on behalf of at risk youth. Fee: $5,000 PLUS TRAVEL & LODGING EXPENSES Event: Mentoring Workshops for middle and high school students in the Communities in School Program. Venue: Abraham Lincoln Middle School 1023 Abe Lincoln Avenue Port Arthur, Texas 77640 On Site Contact: Val Tizeno (409) 983 -8125 work City Attorney (409) 651 -6382 cellular City of Port Arthur Audience: Youth grades 6 through 12 Signature: Signature: Title: Title: Printed Name: Printed Name: Date: Date: s.contract with kemba smith pradia EXHIBIT "D" 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 Freddie Titus (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 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 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 work only on authorization by City Attorney. CONSULTANT shall immediately submit to s. contract- prof.services_titus 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 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 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 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. 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_titus 2 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the 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: CONSULTANT: CITY OF PORT ARTHUR FREDDIE TITUS ATTN: City Attorney 7455 Calder, Apt. #8 P.O. Box 1089 Beaumont, Texas 77706 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. 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 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.services_titus 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 /her 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 /her 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 /her supervision and all s. contract- prof.services_titus 4 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. 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 /her 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 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. contract- prof.services_titus 5 SIGNED AND AGREED TO on this the day of , 2010. CONSULTANT: FREDDIE TITUS 7455 Calder, Apt. #8 Beaumont, Texas 77706 SIGNED AND AGREED TO on this the day of , 2010. CITY OF PORT ARTHUR, TEXAS BY: Valecia Tizeno, City Attorney s.contract- prof.services_titus 6 EXHIBIT "A" Consultant, Freddie Titus, shall teach the G.E.D., Prep class for ADULTS AND TEENAGERS or other classes as requested for the benefit of the Port Arthur Youth Program. Reports will be submitted as to class enrollment, attendance and progress of the students. Freddie Titus may also be requested to perform such other evaluations, presentations, and other similar activities. s.contract- prof.services titus 7 EXHIBIT "B" Consultant, Freddie Titus', compensation for Basic Services shall be $125.00 per two hour class for a six (6) to eight (8) week period. This class will continue on an "as needed" basis and as requested by the City Attorney or her designee. Consultant, Freddie Titus, may also be requested to perform such other evaluations, 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.services titus 8 EXHIBIT "E" 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 Barbara Henry (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 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 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 work only on authorization by City Attorney. CONSULTANT shall immediately submit to s. contract- prof.services_henry 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 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 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 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. 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_henry 2 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the 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: CONSULTANT: CITY OF PORT ARTHUR BARBARA HENRY ATTN: City Attorney 1125 w. 5TH Street P.O. Box 1089 Port Arthur, Texas 77640 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. 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 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.services_henry 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 /her 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 /her 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 /her supervision and all s. contract prof.services_henry 4 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. 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 /her 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 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. contract prof.services_henry 5 SIGNED AND AGREED TO on this the day of , 2010. CONSULTANT: BARBARA HENRY 1125 W. 5TH STREET PORT ARTHUR, TEXAS 77640 SIGNED AND AGREED TO on this the day of , 2010. CITY OF PORT ARTHUR, TEXAS BY: Valecia Tizeno, City Attorney s. contract -prof. services henr _ Y 6 EXHIBIT "A" Consultant, Barbara Henry, shall teach the G.E.D., Prep class for ADULTS AND TEENAGERS or other classes as requested for the benefit of the Port Arthur Youth Program. Reports will be submitted as to class enrollment, attendance and progress of the students. Barbara Henry may also be requested to perform such other evaluations, presentations, and other similar activities. s.contract- prof.services_henry 7 EXHIBIT "B" Consultant, Barbara Henry's, compensation for Basic Services shall be $125.00 per two hour class for a six (6) to eight (8) week period. This class will continue on an "as needed" basis and as requested by the City Attorney or her designee. Consultant, Barbara Henry, may also be requested to perform such other evaluations, 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.services_henry 8 EXHIBIT "F" 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 Elizabeth Kiel (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 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 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 work only on authorization by City Attorney. CONSULTANT shall immediately submit to s. contract- prof.services_kiel 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 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 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 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. 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_kiel 2 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the 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: CONSULTANT: CITY OF PORT ARTHUR ELIZABETH KIEL ATTN: City Attorney 4025 42nd Street P.O. Box 1089 Port Arthur, Texas 77642 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. 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 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.services_kiel 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 /her 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 /her 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 /her supervision and all s. contract- prof.services_kiel 4 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. 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 /her 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 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. contract- prof.services_kiel 5 SIGNED AND AGREED TO on this the day of , 2010. CONSULTANT: ELIZABETH KIEL 4025 42ND STREET PORT ARTHUR, TEXAS 77642 SIGNED AND AGREED TO on this the day of , 2010. CITY OF PORT ARTHUR, TEXAS BY: Valecia Tizeno, City Attorney s. contract- prof.services_kiel 6 EXHIBIT "A" Consultant, Elizabeth Kiel, shall teach the G.E.D., Prep class for ADULTS AND TEENAGERS or other classes as requested for the benefit of the Port Arthur Youth Program. Reports will be submitted as to class enrollment, attendance and progress of the students. Elizabeth Kiel may also be requested to perform such other evaluations, presentations, and other similar activities. s.contract- prof.services_kiel 7 EXHIBIT "B" Consultant, Elizabeth Kiel's, compensation for Basic Services shall be $125.00 per two hour class for a six (6) to eight (8) week period. This class will continue on an "as needed" basis and as requested by the City Attorney or her designee. Consultant, Elizabeth Kiel, may also be requested to perform such other evaluations, 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.services kiel 8