2005-124 RES PROFESSIONAL SERVICES AGREEMENT WITH CASA FOR KIDS
RESOLUTION NO. 2005-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL
SERVICES AGREEMENT WITH CASA FOR KIDS TO PERFORM
CERTAIN SPECIALIZED SERVICES ON BEHALF OF THE CITY OF
PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, CASA for Kids, hereinafter referred to as Service Organization, possesses
certain specialized expertise, personnel, equipment, and training necessary to provide certain
community based specialized services unique to said organization and unavailable from any other
readily available source; and,
WHEREAS, the City of Paris, hereinafter referred to as City, desires to enter into a
Professional Services Agreement for Service Organization to provide such specialized services to
the City; and,
WHEREAS, contracting with Service Organization to provide said specialized services will
benefit the City by: I) avoiding duplication of services; 2) providing specialized services for which
the City has limited or no expertise; 3) providing specialized services in a more efficient manner and
at a lower cost by operating at a much larger scale than the City is able to operate; 4) allowing the
City to avoid the necessity of incurring substantial cost in training employees to perform such
specialized services on a limited basis; 5) being generally acknowledged in the community and
recognized as an established source of said services with well established procedures and processes
for performing such services; 6) being a recognized source in the community for specialized
expertise in the area of said specialized services; 7) having performed such services successfully for
a lengthy period of time; 8) allowing the City's employees to focus on other issues more directly
related to their primary function; and,
WHEREAS, the City Council finds and determines that contracting with said Service
Organization will benefit the health, safety, and welfare of the citizens of the City of Paris in the
furtherance of a public purpose; 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. That the mayor is hereby authorized to execute and the City Clerk to attest to a
Professional Services Agreement, a copy of which is attached hereto as Exhibit A and incorporated
herein for all purposes, by and between the City of Paris and CASA for Kids for the performance of
certain specialized services as set out in said agreement.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 26th day of September, 2005.
.K"';~/'/??~ '
Richard Marrning, Mayor Pro T?n;
ATTEST:
~~CO~n
. ce Ellis, City Clerk
APPROYED AS TO FORM:
L . Schenk, City Attorney
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND COURT APPOINTED SPECIAL ADVOCATES (CASA)
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
This Professional Services Agreement, hereinafter referred to as the "Agreement," entered
into by and between the City of Paris, a municipality and home rule city with its offices located at
125 First Street S.E., in the City of Paris, Lamar County, Texas, hereinafter referred to as "CITY"
and Court Appointed Special Advocates whose offices are located at 2021 Loop 286 N.W., in the
City of Paris, Lamar County, Texas, hereinafter referred to as "SERVICE ORGANIZATION".
WITNESSETH
WHEREAS, SERVICE ORGANIZATION possesses certain specialized expertise,
personnel, equipment, and training necessary to provide certain community-based specialized
services unique to said organization and unavailable from any other readily available source; and,
WHEREAS, CITY desires to enter into a Professional Services Agreement for SERVICE
ORGANIZATION to provide such specialized services to CITY; and,
WHEREAS, contracting with SERVICE ORGANIZATION to provide said specialized
services will benefit CITY by: 1) avoiding duplication of services; 2) providing specialized services
for which CITY has limited or no expertise; 3) providing specialized services in a more efficient
manner and at a lower cost by operating at a much larger scale than CITY is able to operate; 4)
allowing CITY to avoid the necessity of incurring substantial cost in training employees to perform
such specialized services on a limited basis; 5) being generally acknowledged in the community and
recognized as an established source of said services with well established procedures and processes
for performing such services; 6) being a recognized source in the community for specialized
expertise in the area of said specialized services; 7) having performed such services successfully for
a lengthy period of time; 8) allowing CITY's employees to focus on other issues more directly related
to their primary function; and,
WHEREAS, the City Council finds and determines that contracting with said SERVICE
ORGANIZATION will benefit the health, safety, and welfare ofthe citizens of the City of Paris in
the furtherance of a public purpose; NOW, THEREFORE,
FORAND IN CONSIDERATION OF THESE PREMISES, and the mutual consideration
as set out herein, CITY and SERVICE ORGANIZA nON agree as follows:
EXHIBIT A-
I. Scope of Services
SERVICE ORGANIZATION agrees to provide tbe following services to CITY during tbe term of
this agreement:
Provide trained community volunteers to advocate for abused and neglected children.
II. Compensation
For and in consideration ofthese services, CITY agrees to pay to SERVICE ORGANIZATION, a
one-time payment, in the amount of $5,000.00 to be paid to SERVICE ORGANIZATION within
30 days following an initial billing and invoice from SERVICE ORGANIZATION to CITY for said
services. Said invoice shall be in a form and contain such information as CITY shall require. Upon
receipt of tbe aforesaid one-time payment, SERVICE ORGANIZATION shall be obligated to
provide said services throughout tbe term oftbis Agreement.
III. Reporting
By or before ninety (90) days prior to tbe termination of this Agreement as provided herein,
SERVICE ORGANIZATION shall provide to CITY tbe following information in writing:
1. A financial statement, in such detail and containing such information as CITY shall
require;
2. A report oftbe number of citizens of the City of Paris served and directly benefitted
by tbe services provided under tbis Agreement during tbe previous nine (9) montbs
of services, or such other similar information as tbe CITY shall require;
3. A projected scope of services and cost projection for performance for tbe same or
similar services on behalf of CITY for an additional one year of service, should CITY
desire to renew tbis Agreement witb SERVICE ORGANIZATION at tbe end oftbe
contractual term;
4. Any other information which CITY may reasonably require.
IV. Agreement Term
This Agreement shall begin on October I, 200S and end on September 30, 2006.
V. Termination.
This Agreement may be terminated by either party hereto at any time upon ten (10) days
written notice of termination to the other party. Such notice may be delivered personally to the
address shown in this agreement or by forwarding said notice to the other party by certified mail,
return receipt requested and shall be effective ten (10) days following receipt thereof by the other
party .
VI. Miscellaneous Provisions
I. SERVICE ORGANIZATION shall be considered for all purposes under this
Agreement a subcontractor to CITY, and not an employee, agent, or other
representative of CITY.
2. By entering into this Agreement, SERVICE ORGANIZATION agrees to in all things
indemnifY and hold CITY, its officers and employees, harmless from any and all
liability, claims ofIiability, suits, claims of suit, or other similar acts arising out of
or in any way related to SERVICE ORGANIZATION's activities under this
Agreement, including claims of negligence or other similar claims.
3. This Agreement may be assigned by SERVICE ORGANIZATION only with the
express written consent of CITY.
4. SERVICE ORGANIZATION and CITY agree that the services under this Agreement
are to be performed in Lamar County, Texas, and venue for any and all legal actions
arising under this Agreement, if any, shall lie exclusively in the State Courts of
Lamar County, Texas and in the Federal Courts for the Eastern District of Texas.
5. This Agreement shall be interpreted exclusively under the laws and ordinances of the
State of Texas and the City of Paris.
EXECUTED this _ day of
,2005.
CITY OF PARIS, PARIS, TEXAS
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
ATTEST:
COURT APPOINTED SPECIAL
ADVOCATES (CASA)
Sharon Eubanks, Executive Director