An Agreement between the City of Portland, Oregon, Bureau of Parks & Recreation (CITY) and the Portland School District (CONTRACTOR) for $18,981 for the TLC-TNT Program.

RECITALS:

1.  The activity of youth gangs in Portland neighborhoods is detrimental to neighborhood improvement and stability.

2.  City Council has identified the need to provide self-esteem, academic and recreational services to at-risk and gang-affected youth, especially during the summer months.

3.  Portland School District, through TLC-TNT’s summer day-camp program, provides self-esteem, academic and recreational services to gang-affected youth and has the expertise to provide these services.

4.  It is the desire of the City to provide these services in the summer of 2006 and funding has been appropriated in the Bureau of Parks & Recreation approved 2006-2007 budget for this purpose.

5.  Portland Public Schools will provide space at two locations for program including custodial services. Administrative support will be provided through the Department of Student Services..

6.  The City now desires to enter into a formal Agreement with the School District to provide the TLC-TNT program.

 AGREED:

I.  Scope of Services

 Portland School District will provide the services described below through its TLC-TNT Program for a full-day summer camp program. Services will be provided at two sites: King Elementary School and Portsmouth Middle School. Each site will have three sessions serving students in grades K-3, 4-7, and 8-9. City of Portland will provide use of building at Peninsula Park Community Center for limited training space for TLC-TNT camp workforce, to be negotiated directly with the community center supervisor, Amie Massier.

 A.  Provide planning and start-up of the summer day-camp program.

1.  Activities during the six one-week day camp program including: Reading readiness with one-on-one tutors.

2.  Community Field Trips

3.  Individual and family support services including hotline, advocacy and counseling, and dropout prevention throughout the school year.

B.  Employ high school juniors, seniors, or recent graduates to act as mentors during the day camps. First year mentors will receive high school credit in lieu of payment to work with youth and serve as role models.

C.  Provide training and support to the mentors to interact with younger students and build relationships and goal attainment.

D.  Coordinators will track participants during the school year, including mentors. Measurable objectives will include retention, attendance and academic gains.

E.  All publicity for City-funded projects will include mention of the CITY’s participation in the project through Portland Parks & Recreation, however all CONTRACTOR mailings will be the responsibility of the CONTRACTOR fund.

F.  CONTRACTOR will maintain all records for the project, including performance and fiscal data for a minimum of three (3) years after the termination of the Agreement. All records regarding the project, as well as general organizational and administrative information, will be made available to the City Project Manager, or other designated persons, upon request. At a minimum, records will be reviewed as part of the annual monitoring process.

G.  Any changes to the Scope of Work, timeline or budget of this project must be approved in writing by the City Project Manager.

II.  Performance Measures

A.  CONTRACTOR will provide the following levels of service (outputs) during the period of this Agreement:

   Involve 140 youth

   Provide six, one-week full day summer-camp sessions

   Involve 21 peer mentors. (11 salaried mentors and 10 for credit.)

B.  CONTRACTOR will track and report on the achievement of the following measurable objectives during the period of this Agreement:

1.  80% of youth participants (112 students) maintain a 94% attendance rate.

2.  95% of youth participants (126 students) will remain in PPS schools or transfer to another school during the 2006-2007school year.

3.  65% (91) of parents participate in at least one TLC-TnT-related activity. During the following school year,

4.  100% of peer mentors (21) will have an average daily attendance of 85% (present 153 days) and will make positive progress towards graduation.

III.  Periodic Reporting

A.  CONTRACTOR will submit to the Bureau of Parks & Recreation a process for tracking objectives and reporting outcomes by September 30, 2006 and again at the end of the following school year, July 1, 2007. Program reports will contain:

1.  Aggregate beneficiary data regarding gender, ethnicity, income level and neighborhood residence of participants in conformance with Attachment B.

2.  Aggregate beneficiary data regarding gender, ethnicity, income level, and type (senior, junior or first year status) of peer mentors.

3.  Performance data related to Section II substantially in conformance with the Report Form attached as Attachment B.

Reports will also include a narrative description of services provided to participants, parents and peer mentors; activities associated with each reporting period; lessons earned and recommended future changes. Reports are due to the Bureau within thirty (30) days of the end of the reporting period on the following days, with the exception of year-end billings, which are due within twenty (20) days of the end of the fiscal year:

 End of summer – September 30, 2006

 End of school year – July 1, 2007

B.  Financial reports will be submitted according to the same schedule and in conformance with the invoice form provided in Attachment C and will include:

Program expenditures for the period by line item.

C.  Required reports must accompany billings in order for the billings to be paid.

IV.  Compensation and Method of Payment

A.  The School District will be compensated for the above-described services by the City of Portland through the Bureau of Parks & Recreation General Fund. The payment will be full compensation for work performed, for services rendered, and for all labor, materials, supplies, equipment and incidentals necessary to perform the work and service. Funds will be distributed to the CONTRACTOR, based upon the budget attached as Attachment A.

B.  Payments to the School District for its TLC-TnT Program will be made upon submission of a statement of expenditures or estimates for purchases. The District will keep vendor receipts for materials and services and evidence of payment for personnel costs.

C.  IT IS AGREED THAT TOTAL COMPENSATION UNDER THIS AGREEMENT SHALL NOT EXCEED $18,981 IN GENERAL FUNDS.

V.  City Project Manager

A.  The City Project Manager shall be Lisa Turpel, or such person as shall be designated in writing by the Director of Portland Parks & Recreation.

B.  The Project Manager is authorized to approve work and billings hereunder, to give notices referred to herein, to termination this Agreement as provided herein, and to carry out any other City actions referred to herein.

VI.  General Contract Provisions

A.  TERMINATION FOR CAUSE. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his/her obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this Contract, the City shall have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies and reports prepared by the Contractor under this Contract shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents.

 Not withstanding the above, the Contractor 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 Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damage due the City from the Contractor is determined.

B.  TERMINATION FOR CONVENIENCE. The City and Contractor may terminate this Contract at any time by mutual written agreement. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the service actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made.

 The City, on thirty (30) days written notice to the Contractor, may terminate this Agreement for any reason deemed appropriate at its sole discretion.

C.  REMEDIES. In the event of termination under Section A hereof by the City due to a breach by the Contractor, then the City may complete work either itself or by agreement with another contractor, or by a combination thereof. In the even the cost of completing the work exceeds the amount actually paid to the Contractor hereunder, plus the remaining unpaid balance of the compensation provided herein, then the Contractor shall pay to the City the amount of excess.

 The remedies provided to the City under Sections A and C hereof for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available.

 In the event of breach of this Contract by the City, then the Contractor’s remedy shall be limited to termination of the Contract and receipt of payment as provided in Section B hereof.

 In the event of termination under Section A, the City shall provide the Contractor an opportunity for an administrative appeal to the Bureau Director.

D.  CHANGES. The City may, from time to time, request changes in the scope of the services or terms and conditions hereunder. Such changes, including any increase or decrease in the amount of the Contractor’s compensation, shall be incorporated in written amendments to this Contract. Any change that increases the amount of compensation payable to the Contractor must be approved by Ordinance of the City Council. Other changes, including chances to Scope of Work and budget line items, may be approved by the Project Manager.

E.  NON-DISCRIMINATION. In carrying out activities under this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, familial status or national origin. The Contractor 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 not be 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. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices provided by the City, setting for the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its contracts for work funded under this Contract, except contracts governed by Section 104 of Executive Order 11246.

F.  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 the Contractor which are directly pertinent to this contract, for the purpose of making audit examination, excerpts and transcriptions. All required records must be maintained by the Contractor for three (3) years after the City makes final payment and all other pending matters are closed.

G.  MAINTENANCE OF RECORDS. The Contractor 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 the Contractor regarding its billings or its work hereunder. The Contractor shall retain these records for inspection, audit and copying for three (3) years from the date of completion or termination of this Contract.

H.  AUDIT OF PAYMENTS. The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section G above.

I.  INDEMNIFICATION. The Contractor shall hold harmless, defend and indemnify the City and the City’s officers, agents and employees against all claims, demands, actions and suits (including all attorney fees and costs) brought against any of them arising from the Contractor’s work or any subcontractor’s work under this Contract. Contractor’s liability hereunder is limited to those things for which it may be held liable under Article XI of the Oregon Constitution and the Oregon Tort Claims Act (ORS 30.260 – 30.300) and its liability shall not exceed the amounts specified therein.

J.  WORKERS’ COMPENSATION INSURANCE.

1.  The Contractor, its subcontractors, if any, and all employees 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. The Contractor further agrees to maintain workers’ compensation insurance coverage for the duration of this Agreement.

2.  In the event the Contractor’s worker’s compensation insurance coverage is due to expire during the term of this Agreement, the Contractor 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 the Contractor agrees to provide the City of Portland such further certification of worker’s compensation insurance as renewals of said insurance occur.

3.  If Contractor believes itself to be exempt from the worker’s compensation insurance coverage requirement of (a) of this subsection, the Contractor agrees to accurately complete the City of Portland’s Questionnaire for Worker’s 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 misrepresentative of information on the Questionnaire by the Contractor shall constitute a breach of this Agreement. In the event of breach pursuant to this subsection, City may terminate the Agreement immediately, and notice the requirement contained in subsection A, TERMINATION FOR CAUSE, hereof shall not apply.

 K.  LIABILITY INSURANCE.

1.  The Contractor shall maintain public liability and property damage insurance that protects the Contractor 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 the Contractor’s work under this Contract. 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 the 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 insured. 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 completion of the Contract, Contractor shall provide a new policy with the same terms. Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by Contractor.

2.  The Contractor shall maintain on file with the City Auditor, a certificate of insurance certifying the coverage required under subsection 1. The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause of immediate termination of this agreement by the City.

 In lieu of filing the certificate of insurance required herein, Contractor shall furnish a declaration that Contractor is self-insured for public liability and property damage for a minimum of the amounts set forth in ORS 30.270.

L.  SUBCONTRACTING AND ASSIGNMENT. The Contractor shall not subcontract its work under this Contract, in whole or in part, without the written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contract as specified in this Contract. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder. The Contractor agrees that if subcontractors are employed in the performance of this Contract, the contractor and its subcontractors are subject to the requirements and sanctions of ORS Chapter 656, Workers’ Compensation. The Contractor shall not assign this Contract, 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 Contract.

M.  INDEPENDENT CONTRACTOR STATUS. The Contractor is engaged as an independent contractor and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder.

 The Contractor 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 and retirement benefits.

N.  REPORTING REQUIREMENTS. The Contractor shall report on its activities in a format and at such times as prescribed by the City.

O.  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 Contract or the proceeds thereof.

 No City officer or employees who participated in the award of this Contract shall be employed by the Contractor during the period of the Contract.

P.  OREGON LAW AND FORUM. This Contract shall be construed according to the laws of the State of Oregon.

 Any litigation between the City and the Contractor arising under this Contract, or out of work performed under this Contract, 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.

Q.  COMPLIANCE WITH LAWS. In connection with its activities under this Contract, the Contractor shall comply with all applicable federal, state and local laws and regulations.

 In the event that the Contractor provides goods or services to the City in the aggregate in excess of $2,500.00 per fiscal year, the Contractor agrees it has certified with the City’s Equal Employment Opportunity certification process.

R.  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.

S.  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.

T.  INTEGRATION. This Agreement contains the entire agreement between the City and the Contractor and supercedes all prior written or oral discussions or agreements.

U.  PROGRAM AND FISCAL MONITORING. The City, through the Bureau of Parks & Recreation, shall monitor on a regular basis to assure contract compliance. Such monitoring may include but is not limited to, onsite visits, telephone interviews, and review of required reports and will cover both programmatic and fiscal aspects of the Contract. The frequency and level of monitoring will be determined by the City Project Manager.

VII.  Period of Agreement

The terms of this Agreement shall be effective July 1, 2006, and shall remain in effect during any period the Contractor has control over City funds, including program income. Work by the Contractor shall terminate as of June 30, 2007.

DATED this __________ day of ________________________, 2004.

CITY OF PORTLAND          PORTLAND PUBLIC SCHOOLS

___________________________________      ______________________________

Dan Saltzman              Gregory C. MacCrone

City Commissioner            Deputy Clerk

Portland Public Schools

APPROVED AS TO FORM:

___________________________________      

Harry Auerbach            

Senior Deputy City Attorney          

ATTACHMENT A

Portland Public Schools

TLC-TnT Summer Camp

BUDGET

July 1, 2006 – June 30, 2007

Personnel                  $ 18,981

Program Coordinators (2)  $ 6956

Peer Mentors  (12)        $ 9,604

Taxes & Benefits                $ 2,421

Program Expenses                

Field Trip Expenses

 Student Bus Transportation            $

Supplies & Materials

 Recreation Equipment, File, Folders for Portfolios,

   Camp Supplies, etc.            $

Administrative Support              $

             TOTAL    $18981

ATTACHMENT B

TLC-TnT

Summer Camp

AGGREGATE PERFORMANCE DATA

Reporting Period From: _____________________ to ________________________

ATTACHMENT B continued

TLC-TnT Summer Camp

AGGREGATE BENEFICIARY DATA

Reporting Period From: ______________________ to __________________________

(Check one)

(*Totals should equal one another)

ATTACHMENT B continued

TLC-TnT Summer Camp

AGGREGATE BENEFICIARY DATA

Reporting Period From: ______________________ to __________________________

(Check one)

BUREAU OF PARKS & RECREATION

REQUEST FOR PAYMENT

Project Name: PPS TLC-TnT      Request for Payment # _______________

Project Sponsor: ______________________________________________________________

Billing Period: ______________________________

Please attach detailed information as specified in the Contract

Total Amount Requested: $18,981

Prepared By: Lisa Thomas Turpel, Workforce & Community Alliances Manager, Portland Parks & Recreation

Approved By__________________________________________________________