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HomeMy WebLinkAboutPR 14189: TRUTH & EDinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: May 25, 2007 Subject: P. R. No. 14189 - Council Meeting of May 29, 2007 Attached is P. R. No. 14189 approving a Nonexclusive Contract for Professional Services as it pertains to the Community Prosecution Program and the Truth & Education Corporation. MTS:ts Attachment CC: Valecia R. Tizeno, First Assistant City Attorney Wanda Gant, Community Prosecution Manager Stephen Mosely, Executive Director of Truth & Education Corporation z. pr14189.memo P. R. No. 14189 05/24/07 ts RESOLUTION NO. A RESOLUTION A~PROVING A NONEXCLUSIVE CONTRACT FOR PROFESSIONAL SERVICES AS IT PERTAINS TO THE CO~g3NITY PROSECUTION PROGRA~ ~ THE TRUTH & EDUCATION CORPORATION WHERF2%S, on December 19, 2006, per Resolution 06-514, the South East Texas Regional Planning Commission awarded the City of Port Arthur $2,574,700 for (1) renovation and expansion of the City's Health Department, (2) special services for at-risk youth, and (3) the abatement of abandoned structures; and WHEI~AS, the Community Prosecution Program has received $152,000 of said award for Special Services-At Risk Youth and Adults, Counseling Services, and Prevention and Intervention Services; and WHEREA~, on February 13, City Council approved teaching services; and City Council WHEREAS, classes for and Testing March 13, 2007, per Resolution No. 07-066, the contracts for the above described Anger Management Class, Drug, Parenting Classes for Women, z.pr14189 classes; and scheduled GED Prep Intensive on 2007, 07-115, the approved class monitors to monitor the the Community Prosecution Program has the Self-Esteem & Character Building Class, Guidance Class, Truancy Prevention Class, Alcohol and Tobacco Awareness Class, and Parenting Classes for Men; and per Resolution No. WHEREAS, the City deems it in the best interests of the citizens to approve an agreement with Truth & Education Corporation to provide support and opportunities for training to the at risk youth of Port Arthur in the field of radio broadcasting and for teaching programs as to intensive anger management, truancy prevention, theft prevention, awareness, the need to obtain a high parenting classes, juvenile anger management, and violence intervention, self-esteem, drug, alcohol and tobacco school diploma or a G.E.D., management, adult anger in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: That the facts and opinions in the preamble are Section 1. true and correct. Section 2. Community That the City Council herein authorizes the Prosecution Manager to execute a Nonexclusive Contract Services between the City of Port Arthur and the same form as for Professional Truth & Education Corporation, in substantially the attached hereto as Exhibit 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., 2007, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: z.pr14189 Mayor , Councitmembers NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE z.pr14189 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., 2007, by and between Truth /~ Education Corporation (hereinafter called "CONSULTANT"} the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY"} and administered by its Community Prosecution 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 provide and teach classes on an as needed basis (as requested by the Program Manager) as described in Exhibit "A'. (b} Underwriting: Consultant's shall receive monies 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 Manager of the Community Prosecution Program (Program Manager) 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 Program z.contract-prof.services_truth & education 1 Manager. CONSULTANT shall immediately submit to CITY in writing evidence of delay satisfactory to the Program Manager'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 Program Manager. 5. UNDERWRITING AND METHOD OF PAYMENT A. UNDERWRITING 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 Program Manager. 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. z.contract-prof.services_truth & education 2 8. SCHEDULE OF COURSES: CONSULTANT agrees to meet with the Program Manager of the CITY'S COMMUNITY PROSECUTION 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 TRUTH & EDUCATION CORPORATION ATTN: Wanda Gant, ATTN: Stephen Mosely, Executive Director Program Manager P.O. Box 703 P.O. Box 1089 Port Arthur, TX 77641 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 z.contract-prof.services_truth & education 3 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. PERSONNEL A. The CONSULTANT represents that he has, or wilt 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 z.contract-prof.services_truth & education 4 engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. 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 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. z.contract-prof.services_truth & education 5 SIGNED AND AGREED TO on this the __ day of .,2007. CONSULTANT: TRUTH & EDUCATION CORPORATION BY: Stephen Mosely Executive Director SIGNED AND AGREED TO on this the __ day of ,2007. CITY OF PORT ARTHUR, TEXAS BY: Wanda F. Gant, Manager Community Prosecution Program City of Port Arthur APPROVED AS TO FORM: City Attorney z.contract-prof.services_truth & education 6 EXHIBIT "A" TO THE CONTRACT z.contract-prof.services truth & education 7 EXHIBIT "A" Consultant, Truth & Education Corporation, shall provide radio broadcast personnel as to assist teachers in a dialogue for the benefit of classes for At-Risk Youth on the radio, wherein programs will be made available in the following areas: · Intensive Anger Management · Self-Esteem and Character Building · Truancy Prevention · Theft Prevention · Drug, Alcohol and Tobacco Awareness · G.E.D. Prep · Parenting Classes · Juvenile Anger Management · Adult Anger Management · Violence Intervention The classes or the discussions on the radio will not discuss the personal history or situation of the participants in the Community Prosecution Program. The classes will illustrate the general concepts of intensive anger management, self-esteem, truancy prevention, theft prevention, drug, alcohol and tobacco awareness, the need to obtain a high school diploma or a G.E.D., parenting classes, juvenile anger management, adult anger management, and violence intervention. The radio personnel may act as surrogate participants with hypothetical problems, and situations with suggested means of resolving the particular issues. As an example, the radio broadcaster can act as a teenager who is involved in a fight in school, and the teacher illustrates in the hypothetical how the teenager can control his anger. z.contract-prof.services_truth & education 8 Truth & Education Corporation will also facilitate Self-Esteem Programs wherein students develop positive communication skills and enhance their self- esteem with providing them with an opportunity to be involved in radio broadcasting and project positive images in radio broadcasting. Truth & Education Corporation will also coordinate the programming with the other teachers being retained by the Community Prosecution Program. The programs will focus on psychological and emotional health issues as to increase positive self-esteem for At-Risk Youth, as per their Health Watch programming. z.contract-prof,services_truth & education 9 EXHIBIT "B" TO THE CONTRACT z.contract-prof.services_truth & education 10 EXHIBIT "B" Truth & Education Corporation shall receive $62.$0 per hour for the Health Watch programs. These classes will continue on an "as needed" basis and as requested by the Program Manager until August 31, 2007. z.contract prof.services_truth & education 11