2000-160-RES ACCEPTING THE POLICE AND MUNICIPAL COURTS
RESOLUTION NO. 2000-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING THE POLICE AND MUNICIPAL COURTS
FACILITIES STUDY BY BRINKLEY-SARGENT ARCHITECTS;
AUTHORIZING A PROFESSIONAL SERVICES CONTRACT WITH
BRINKLEY SARGENT ARCHITECTS TO PROVIDE PRELIMINARY
DESIGN AND PLANNING SERVICES IN FURTHERANCE OF A
POTENTIAL NEW POLICE AND MUNICIPAL COURTS FACILITY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 1st day of May,
2000, in Resolution No. 2000-058, authorize the execution of a professional services contract with
Brinkley Sargent Architects for the performance of a needs assessment study and plan for a police
and municipal courts center for the City of Paris; and,
WHEREAS, on October 6, 2000, such study was presented to the City Council by Brinkley
Sargent Architects; and,
WHEREAS, it is now deemed appropriate that such study be accepted and approved; and,
WHEREAS, the City Council desires to contract with Brinkley Sargent Architects to provide
preliminary design and planning services in furtherance of a potential new Police and Municipal
Courts facility; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. The Police and Municipal Courts Facilities Study prepared by Brinkley Sargent
Architects be, and the same is hereby, accepted and approved.
Section 3. That the City Manager and the City Attorney are hereby authorized to negotiate
and the Mayor is authorized to execute a professional services contract with Brinkley Sargent
Architects, in accordance with a proposal for services, attached hereto as Exhibit A, for preliminary
design and planning services in furtherance of a potential new Police and Municipal Courts facility.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of November, 2000.
~r.L1!~7J
Michael 1. Pfies r, M or
ATTEST:
~~.. ~~ L____ ~~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
AGREEMENT
THIS AGREEMENT made and entered into this Thirteenth day of November 2000, by
and between the Brinkley Sargent Architects, hereinafter referred to as "the Consultant" and the
City of Paris, 135 I- Street SE, Paris, Texas 75460, hereinafter referred to as "The City",
WHEREAS, as a consequence of negotiations for services, the City Manager and the Consultant
were able to negotiate a contract which the City Manager felt was in the best interest of the City.
WHEREAS, the Consultant is prepared to undertake a conceptual design study including rendering
for Police and Courts Center for the City of Paris.
WHEREAS, the City is desirous of retaining the Consultant as its independent contractor for
purposes of perfonning the conceptual representation of the police and courts center for the City of
Paris.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the
parties hereto agree as follows:
1. SERVICES Develop a conceptual layout of the Police and Courts facility floor plan
that is based upon a non-site specific site. From this layout create a colored rendering of
proposed facility. This information will be used to convey the possible appearance of the
facility.
The work completed for this scope of work would not preclude any normal design services
relating to the facility since it would be non-site specific.
II. FEES.
Total fees to perform the services as described herein and as further described in the
Consultant's proposal and the City's Request for Proposal, hereinafter referred to as the
"basic services", shall be $12,000 including two (2) site visits and excluding related travel
expenses which shall be charged on a cost reimbursable basis.
The Consultant shall submit monthly statements of basic and additional services and for
reimbursable expense incurred, based upon the Consultant's percentage of services
completed at the time of billing. Reimbursable expenses shall include qualifYing travel
expenses, printing expenses for community publicity. CITY shall make payment within
thirty (30) days after receipt of invoice. If CITY fails to make any payment due Consultant
for services and expenses within forty-five (45) days after receipt of invoice, Consultant
may, after giving seven (7) days' written notice to the CITY, suspend services under his
Agreement until payment in full of amounts due Consultant for services and expenses have
been paid.
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L.:~CHIBIT A
IV. TERMINATION'
Each party agrees that upon the occurrence of a material breach or default of the other under
the tenns of this Agreement, it shall provide written notice of such delilUlt to the other. Such
written notification given by the party shall specifically state the material breach or default
under the tenns of this Agreement. The notified party shall have thirty (30) days after such
notice is given to remedy the specific breach or default. Upon the failure by the defaulting
party to cure the specified breach or default within the allotted time, or recurrence of the
same breach within thirty (30) days after its initial cure, the other party shall have the right
to tenninate this Agreement except with respect to any liabilities or obligations which, under
the terms of this Agreement are to survive its termination.
City may, at its sole discretion, and without cause, terminate this Agreement at any time
during the perfonnance of services thereof City shall provide Consultant ten (10) days
written notice of its intent to tenninate such services, and upon receipt of such notice,
Consultant shall immediately cease and desist from incurring funher costs relating to the
performance of the services hereunder. In the instance of termination without cause by City,
City shall pay for all services previously rendered and for all costs reasonably incurred to the
date of tennination and all costs reasonable incurred thereafter as such costs related to the
stoppage of work.. Provided further, however, that all work product completed by
Consultant during the teon of the contract and prior to tennination, whether termination is
effected for breach or without cause, not pre\iously fOlwarded to City shall be forwarded by
Consultant to City. City shall pay all costs reasonably incurred to forward said wolk
product to City.
V. SCHEDULE OF WORK: The Consultant shall execute all of the tasks listed above within
60 calendar days of receipt of a signed agreement and authorization to proceed. Review
periods by the Owner, or other extensions not caused by the Consultant, will be added to the
60 calendar days.
VI. ENTIRE AGREEMENT.
This agreement constitutes the entire understanding between the parties and cannot be
modified except by their mutual written consent.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above
written.
ACCEPTED:
BRINKLEY SARGENT ARCHITECTS, INC.
BY:
Dwayne M. Brinkley, Principal
BY:
Michael J. Pfiester, Mayor
Date:
Date: November 13. 2000
A'ITEST:
Mattie Cunningham, City Clerk
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