AGREEMENT BETWEEN THE CITY OF PORTLAND (CITY)
AND SELF-ENHANCEMENT, INC. (SEI) FOR $243,438 IN SUPPORT OF THE
YEAR-ROUND SEI MIDDLE SCHOOL PROGRAM
Statement of Purpose
Self-Enhancement, Inc. (SEI) is dedicated to helping inner city youth realize their full potential. Working with schools, families, and community organizations, SEI provides opportunities for personal and academic success, bringing hope to individual young people and enhancing the quality of community life.
During the 2002-2003 program year, SEI will deliver services to a minimum of 120 middle school students enrolled at Ockley Green, Tubman, and Whitaker Middle Schools to enhance their academic, social, and life skills development.
A. Program Overview
• Services are designed to enhance participants’ social, academic, and life skills in order to offset the attractiveness of gang activity. Classroom instruction and extracurricular activities will be provided by SEI to aid the social and personal development of program participants. SEI’s curriculum focuses on academic skill enhancement, cultural enrichment, social skills development, life management/prevention, and athletic development as the program’s central activities.
• Summer activities will include classroom instruction covering math, English, social issues discussion/instruction, peer assessment, relationships, and recreational activities.
• School year services include case management, goal setting, advocacy, and weekly classroom instruction, as well as after school and recreational activities. In addition, progress on his/her goals is checked at least quarterly in a one-on-one meeting with each student.
• In addition to services to students, the program also includes special activities and support services for parents and guardians of student participants.
B. Performance Goals/Outcomes
1. The program will serve a minimum of 120 youth; 114 in the SEI Summer Program with 6 additional students enrolled at the beginning of the school year.
2. 108 summer youth (95%) will return to school at the end of the summer.
3. 114 school year youth (95%) will remain in school throughout the school year.
4. 18 school youth (15%) will attain at least a 3.0 GPA in each of the 4 academic quarters.
5. 78 school youth (65%) will demonstrate at least a 2.0 GPA in each of the 4 academic quarters.
6. 75% of the school year youth will demonstrate at least 90% attendance during each of the 4 academic quarters.
7. Portland Parks & Recreation’s logo shall be included on all SEI materials as a sponsor/partner/funder of SEI.
C. Reporting Requirements
The following information will be reported in two reports: an interim report due March 31, 2003 and a final report due July 31, 2003:
1. Interim Report
(a) SEI 2002 Summer Program
• Description of Middle School Program
• Number of enrollees, gender and ethnicity
• Attendance numbers at all events/activities
(b) 2002-03 School Year – 1st and 2nd Academic Quarters
• Description of Middle School Program
• Number of enrollees, gender and ethnicity
• Success stories/student awards at each of the three middle schools
• Attendance numbers at all events/activities
2. Final Report
2002-03 School Year – 3rd and 4th Academic Quarters
• Description of Middle School Program
• Number of enrollees, gender and ethnicity
• Success stories/student awards at each of the three middle schools
• Average GPA, attendance, and behavioral data/grade for each school
• Accounting of contract funds
• Attendance numbers at all events/activities
D. Compensation and Method of Payment
1. SEI will receive $243,438 as full compensation for the above-described services, delivered for the duration of July 1, 2002 – June 30, 2003. Payment will be made in three installments: $81,146 upon final execution of this Agreement and receipt of an invoice from SEI, $81,146 upon receipt of an invoice from SEI and Interim Report, and $81,146 upon receipt of an invoice from SEI and Final Report.
2. It is agreed that total compensation under this Agreement shall not exceed $243,438.
E. City Project Manager
1. The City Project Manager shall be Lisa Turpel, or such person as shall be designated in writing by the Director of Portland Parks and Recreation.
2. The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to terminate this Agreement as provided herein, and to carry out any other City actions referred to herein.
F. General Provisions
1. TERMINATION FOR CAUSE. If, through any cause, SEI shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if SEI shall violate any of the covenants, agreements or stipulations of this Agreement, the City shall have the right to terminate this Agreement by giving written notice to SEI of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies and reports prepared by SEI under this Agreement shall, at the option of the City, become the property of the City, and SEI shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. In the event of termination, SEI will return all unearned compensation to the City within ninety (90) days.
Notwithstanding the above, SEI shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by SEI, and the City may withhold any payments to SEI for the purpose of setoff until such time as the exact amount of damages due the City from SEI is determined.
2. TERMINATION FOR CONVENIENCE. The City and SEI may terminate this Agreement at any time by mutual written agreement. If this Agreement is terminated by the City as provided herein, SEI will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of SEI covered by this Agreement, less payments of compensation previously made. SEI will return all unearned compensation to the City within ninety (90) days of such termination.
3. REMEDIES. In the event of termination under Section F.1. hereof by the City due to a breach by SEI, then the City may complete the work, either itself or by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the amount actually paid to SEI hereunder, plus any remaining unpaid balance of the compensation provided herein, then SEI shall pay to the City the amount of excess.
The remedies provided to the City under Sections F.1. and F.3. hereof for a breach by SEI shall not be exclusive. The City shall also be entitled to any other equitable and legal remedies that are available.
In the event of breach of this Agreement by the City, then SEI’s remedy shall be limited to termination of the Agreement and receipt of payment as provided in Section D hereof.
In the event of termination under Section F.1., the City shall provide SEI an opportunity for an administrative appeal to the Bureau Director.
4. CHANGES. The City may, from time to time, request changes in the scope of services or terms and conditions hereunder. Such changes, including any increase or decrease in the amount of SEI’s compensation, shall be incorporated in written amendments to this Agreement. Any change that increases the amount of compensation payable to SEI must be approved by Ordinance of the City Council. The Project Manager may approve any change in work that does not increase the amount of compensation.
5. NON-DISCRIMINATION. In carrying out activities under this Agreement, SEI shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, familial status or national origin. SEI shall take affirmative actions to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, handicap, familial status or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. SEI shall post in conspicuous places, available to employees and applicants for employment, notices provided by the City setting forth the provisions of this non-discrimination clause. SEI shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. SEI shall incorporate the foregoing requirements of this paragraph in all of its contracts for work funded under this Agreement, except contracts governed by Section 104 of Executive Order 11246.
6. ACCESS TO RECORDS. The City, or their duly authorized representatives, shall have access to any books, general organizational and administrative information, documents, papers and records of SEI which are directly pertinent to this Agreement, for the purpose of making audit examinations, excepts, and transcriptions. All required records must be maintained by SEI for three (3) years after the City makes final payment and all other pending matters are closed.
7. MAINTENANCE OF RECORDS. SEI shall maintain records on a current basis to support its billings to the City. The City or its authorized representative shall have the authority to inspect, audit and copy on reasonable notice and from time to time, any records of SEI regarding its billings or its work hereunder. SEI shall retain these records for inspection, audit and copying for three (3) years from the date of completion or termination of this Agreement.
8. AUDIT OF PAYMENTS. The City, either directly or through a designated representative, may audit the records of SEI at any time during the three-year (3) period established by Section F.6., above.
9. INDEMNIFICATION. SEI shall hold harmless, defend and indemnify the City and the City’s officers, agents, and employees against all claims, demands, actions and suits (including attorney fees and cost through trial and on appeal) being brought against any of them arising from SEI’s work or any subcontractor’s work under this Agreement.
10. WORKERS’ COMPENSATION INSURANCE
(a) SEI, its subcontractors, if any, and all employers working under this Agreement, are subject employers under the Oregon Worker’s Compensation law and shall comply with ORS 656.017, which requires them to provide worker’s compensation coverage for all their subject workers. A certificate of insurance, or copy thereof, shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. SEI further agrees to maintain worker’s compensation insurance coverage for the duration of this Agreement.
(b) In the event SEI’s worker’s compensation insurance coverage is due to expire during the term of this Agreement, SEI agrees to timely renew its insurance, either as a carrier-insured employer or a self-insured employer as provided by Chapter 656 of the Oregon Revised Statutes, before its expiration, and SEI agrees to provide the City of Portland such further certification of worker’s compensation insurance as renewals of said insurance occur.
(c) If SEI believes itself to be exempt from the worker’s compensation insurance coverage requirement of (a) of this subsection, SEI agrees to accurately complete the City of Portland’s Questionnaire for Workers’ Compensation Insurance and Qualification as an Independent Contractor prior to commencing work under this Agreement. In this case, the Questionnaire shall be attached to this Agreement and shall be incorporated herein and made a term and part of this Agreement. Any misrepresentation of information on the Questionnaire by SEI shall constitute a breach of this Agreement. In the event of breach pursuant to this subsection, City may terminate the Agreement immediately and the notice requirement contained in subsection F.1,. TERMINATION FOR CAUSE hereof shall not apply.
11. LIABILITY INSURANCE
(a) SEI shall maintain public liability and property damage insurance that protects SEI and the City and its officers, agents and employees from any and all claims, demands, actions and suits for damage to property or personal injury, including death, arising from SEI’s work under this Agreement. The insurance shall provide coverage for not less than $200,000 for personal injury to each person, $500,000 for each occurrence, and $500,000 for each occurrence involving property damages or a single limit policy of not less than $500,000, covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the term of this Agreement. The insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insureds the City and its officers, agents and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insureds. The coverage must apply as to claims between insureds on the policy. The insurance shall provide that it shall not terminate or be cancelled without thirty (30) days written notice first being given to the City Auditor. If the insurance is cancelled or terminated prior to the completion of the Agreementt, SEI shall provide a new policy with the same terms. SEI agrees to maintain continuous, uninterrupted coverage for the duration of the Agreement. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by SEI.
(b) SEI shall maintain on file with the City Auditor a certificate of insurance certifying the coverage required under subsection 11(a). The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability of insurance shall be cause for immediate termination of this Agreement by the City.
In lieu of filing the certificate of insurance required herein, SEI shall furnish a declaration that SEI is self-insured for public liability and property damage for a minimum of the amounts set forth in ORS 30.270.
12. SUBCONTRACTING AND ASSIGNMENT. SEI shall not subcontract its work under this Agreement, in whole or in part, without the written approval of the City. SEI shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Agreement as specified in this Agreement. Notwithstanding City approval of a subcontractor, SEI shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to SEI hereunder. SEI agrees that if subcontractors are employed in the performance of this Agreement, SEI and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Worker’s Compensation. SEI shall not assign its Agreement in whole or in part, or any right or obligation hereunder, without prior written approval of the City. Subcontractors shall be responsible for adhering to all regulations cited within this Agreement.
13. INDEPENDENT CONTRACTOR STATUS. SEI is engaged as an independent contractor and will be responsible for any federal, state or local taxes and fees applicable to payments hereunder.
SEI and its subcontractors and employees are not employees of the City and are not eligible for any benefits through the City, including without limitation, federal social security, health benefits, worker’s compensation, unemployment compensation and retirement benefits.
14. REPORTING REQUIREMENTS. SEI shall report on its activities in a format and by such times as prescribed by the City.
15. CONFLICTS OF INTEREST. No City officer or employee, during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. No City officer or employees who participated in the award of this Agreement shall be employed by SEI during the period of the Agreement.
16. OREGON LAW AND FORUM. This Agreement shall be construed according to the law of the State of Oregon.
Any litigation between the City and SEI arising under this Contract or out of work performed under this Agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the State of Oregon.
17. COMPLIANCE WITH LAWS. In connection with its activities under this Agreement, SEI shall comply with all applicable federal, state and local laws and regulations.
18. INDEPENDENT FINANCIAL AUDITS/REVIEWS. Any contractor receiving $300,000 or more in City funding in any program year is required to obtain an independent audit of the City-funded program(s). Any contractor receiving between $25,000 and $300,000 in City funds in any program year is required to obtain an independent financial review. Additionally, contractors receiving between $25,000 and $300,000 in federal funds may be required to obtain a full audit if the City believes it is warranted. Two copies of all required financial audits or reviews will be submitted to the designated City Project Manager within thirty (30) days of their completion.
19. SEVERABILITY. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be stricken.
20. INTEGRATION. This Agreement contains the entire Agreement between the City and SEI and supercedes all prior written or oral discussions or agreements.
21. PROGRAM AND FISCAL MONITORING. The City, through Parks and Recreation, shall monitor on a regular basis to assure contract compliance. Such monitoring may include, but is not limited to, on-site visits, telephone interviews and review of required reports and will cover both programmatic and fiscal aspects of the Agreement. The frequency and level of monitoring will be determined by the City Project Manager. Full accounting of Agreement funds are due with the Final Report.
G. Period of Agreement
The term of this Agreement shall be effective July 1, 2002, and shall remain in effect during any period SEI has control over City funds, including program income. Work by SEI shall terminate as of June 30, 2003.
CITY OF PORTLAND SELF-ENHANCEMENT, INC.
_____________________________ ____________________________________
Jim Francesconi Tony Hopson, Sr.
Commissioner CEO and President
Portland Parks and Recreation Self-Enhancement, Inc.
By___________________________
Auditor
APPROVED AS TO FORM:
______________________________ ____________________________________
Harry Auerbach Dorothy J. White
City Attorney Manager, Grants & Contracts
City of Portland, Oregon Self-Enhancement, Inc.