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2000-058-RES AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT RESOLUTION NO. 2000-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF PARIS AND BRINKLEY SARGENT ARCHITECTS TO PERFORM A NEEDS ASSESSMENT STUDY AND PLAN FOR A POLICE AND MUNICIPAL COURT CENTER FOR THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, !he City of Paris previously published a request for proposals seeking proposals from qualified professionals to perform a needs assessment study and plan for a police and municipal courts cen1er for the City of Paris; and, WHEREAS, following the receipt of proposals in response to said request for proposals the City Council personally reviewed the proposals of each presenting professional, conducted a personal interview with each proposer, and !hereaf1er ranked the proposers based on the Council's individual assessment of each proposer's ability to perform the assigned duties, each proposer's prior experience in performing said duties, the quality of the presentations and proposals, and lhe general acceptability of the proposer's technique for conducting the project; and, WHEREAS, having ranked said proposers in order of priority, the City Council assigned the City Manager the responsibility of negotiating a contract, beginning wi!h the highest ranked proposer, to perform the necessary study on behalf of the City; and, WHEREAS, !he City Council designa1ed Brinkley Sargent Archi1ects (hereinafter referred to as !he "Consultant-) as the highest ranked proposer to perform !he necessary study on behalf of the City; and, WHEREAS, as a consequence of said negotiations, the City Manager and !he Consultant were able to negotiate a contract which the City Manager felt was in the best in1erest of the City; and, WHEREAS, !he Consultant is prepared to undertake a needs assessment study for a Police and Courts Center for !he City of Paris; and, WHEREAS, !he City is desirous of retaining the Consultant as its independent contractor for purposes of performing !he needs assessment study of the police and courts cen1er for the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS. Section 1. things approved. That the findings set out in the preamble of this resolution are hereby in all Section 2. That the City Manager is hereby authorized to execute and the City Clerk to attest to a professional services contract between the City of Paris and Brinkley Sargent Architects, a copy of which is attached hereto and for all purposes incorporated herein, for the performance of a needs assessment study and plan for a police and municipal courts center for the City of Paris. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 1 ,( day of May, 2000. )~ Charles H. Neeley, May ATTEST: Mattie Cunningham, City Cler APPROVED AS TO FORM: AGREEMENT THIS AGREEMENT made and entered into this 1st day of May, 2000, by and between the Brinkley Sargent Architects, hereinafter referred to as "the Consultant" and the City of Paris, 135 1" Street SE, Paris, Texas 75460, hereinafter referred to as "the City". WHEREAS, the City of Paris previously published a request for proposals seeking proposals from qualified professionals to perform a needs assessment study and plan for a police and municipal courts center for the City of Paris; and, WHEREAS, following the receipt of proposals in response to said request for proposals the City Council personally reviewed the proposals of each presenting professional, conducted a personal interview with each proposer, and thereafter ranked the proposers based on the Council's individual assessment of each proposer's ability to perform the assigned duties, each proposer's prior experience in performing said duties, the quality of the presentations and proposals, and the general acceptability of the proposer's technique for conducting the project; and, WHEREAS, having ranked said proposers in order of priority, the City Council assigned the City Manager the responsibility of negotiating a contract, beginning with the highest ranked proposer, to perform the necessary study on behalf of the City; and, WHEREAS, as a consequence of said negotiations, 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; and, WHEREAS, the Consultant is prepared to undertake a needs assessment study for a Police and Courts Center for the City of Paris; and, WHEREAS, the City is desirous of retaining the Consultant as its independent contractor for purposes of performing the needs assessment study of the police and courts center for the City of Paris; NOW, THEREFORE, in consideration of the covenants and Agreement herein contained, the parties hereto agree as follows: I. SERVICES The City hereby retains the Consultant to perform a needs assessment study for a police and courts center for the City of Paris. The scope of the Consultant's services shall be in accordance with the terms and provisions of this contract; in accordance with the terms and provisions of the Consultant's proposal, a copy of which is attached hereto and for all purposes incorporated herein; and in accordance with the City's request for proposal, a copy of which is likewise attached hereto and incorporated herein. Provided further, however, that in the event of a conflict between the terms and provisions of this Page 1 of 5 EXHIBIT A contract and the Consultant's proposal, the terms and conditions of this Agreement shall control, and provided further, however, that in the event of conflict between the termS and provisions of the City's request for proposal and this Agreement or the Consultant's proposal, this Agreement shall first control, with the terms and provisions of the Consultant's proposal to control thereafter. The scope of the Consultant's services shall be as follows: NEEDS ASSESSMENT PHASE A. Study the routine operations as required in order to achieve a thorough understanding of the operations of the departments. B. Identify and determine, for each operational element, a set of specific space needs for both current and long-term projected (20 years) operations. C. Determine the interaction/adjacency priorities of the operational elements. D. Determine site needs, including future parking requirements after initial occupancy, of a new site to be compared with two pre-selected sites. E. Provide approximate construction, equipment, and furnishings costs for the recommended solution (excluding site procurement). F. Develop and personally present eleven (11) copies of the study report. PROCESS A. Data Collection/Master Plan Verification - Consultant will develop a list of information required to start the process, and the City will be responsible for gathering this information. B. Data Review - Consultant will review data and develop an outline to be used in the meetings with the various departments involved with this project. This will allow knowledgeable questions to be asked and correct responses given. C. On-Site Meetings - Consultant will conduct an on-site interview with the City in each specialized area of the facility. The City will determine those spokespersons, including City Management, the Police Chief and police staff, the Court Administrator, Court staff, City Prosecutor, and Judicial staff. D. Develop Preliminary Report - Consultant will develop a preliminary report for review by the City. This report will identify, square footage requirement for each staff member and give a written description of that department's duties. The Page 2 of 5 review ~iIl be conducted with the same staff that had input to the process thereby assuring, communication throughout the process. The total project budget will be confirmed with the City. II PROJECT APPROACH COMPARISONS The Consultant will utilize the needs assessment report in evaluating three development options: . Building a new facility at an undetermined location. . Renovation and expansion of the current Police and Courts facility. . Renovation and expansion of the existing Post Office in the downtown area. Factors to be considered include: · Land Area · Costs . Disruption of Police and Courts Services . Image appropriate for facility . Long-term operational costs The Consultant will present its findings to the City as a part of the Needs Assessment Report. III. FE~ 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 $25,000.00 including five (5) site visits and excluding related travel expenses which shall be charged on a cost reimbursable basis. The Consultant shall submit monthly statements for basic services and for reimbursable expenses incurred, based upon the Consultant's percentage of services completed at the time of billing. Reimbursable expenses shall include reasonable qualifying travel expenses, postage, express mailing, printing expenses for copies in excess of 11 of the final report and 5 draft copies, and any artwork desired, such as renderings that might be used in community publicity. Telephone and fax services are included in the basic fee. 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. Page 3 of 5 IV TERMINATION Each party agrees that upon the occurrence of a ma!erial breach or default of the other under the terms of this Agreement, it shall provide written notice of such default to the other. Such written notification given by the party shall specifically state the material breach or default under the terms 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 defaull within the anotted time, or recurrence of the same breach within thirty (30) days after its initial cure, the other party shall have the right to terminate 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 performance of services thereof. City shall provide Consultant !en (10) days written notice of its intent to terminate such services, and upon receipt of such notice, Consultant shall immediately cease and desist from incurring further 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 as required to effect the work stoppage and shan be responsible for an costs incurred to the date of termination and an costs reasonably incurred thereafter as such costs relate to the stoppage of work. Provided further, however, that an work product completed by Consultant during the term of the contract and prior to termination, whether termination is effected for breach or without cause, not previously forwarded to City shall be forwarded by Consultant to City. City shan pay an costs reasonably incurred to forward said work product to City. V. SCHEDULE OF WORK The Consultant shall execute all of the tasks listed above within 90 calendar days of receipt of a signed Agreement and authorization to proceed. Review periods by the City, or other extensions not caused by the Consultant, will be added to the 90 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 writ!en. Page 4 of 5 mE CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager Date: ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ACCEPTED Page 5 of 5 BRINKLEY SARGENT ARCHITECTS, INC. By: Dwayne M. Brinkley, Principal Date: