04-C2 Lamar Co Human Resources Agreement
DRAFT
f:attorney\reswork\currentlSpecialized Services Prof Serv Contract Res-Lamar Co Human Resources
October I, 2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH THE LAMAR COUNTY HUMAN RESOURCES
COUNCIL 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, The Lamar County Human Resources Council, 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) 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; 2) allowing the City to avoid the
necessity ofincurring substantial cost in training employees to perform such specialized services on
a limited basis; 3) 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;
4) being a recognized source in the community for specialized expertise in the area of said
specialized services; 5) by having performed such services successfully for a lengthy period of time;
6) 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, 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 The Lamar County Human Resources
Council 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 8th day of October, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
-. WO
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE LAMAR COUNTY HUMAN RESOURCES COUNCIL
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.B., in the City of Paris, Lamar County, Texas, hereinafter referred to as "CITY"
and the Lamar County Human Resources Council whose offices are located at 1275 N.W. 19th, 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) 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; 2) allowing CITY to
avoid the necessity of incurring substantial cost in training employees to perform such specialized
services on a limited basis; 3) 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; 4) being a recognized source in the community for specialized expertise in the area
of said specialized services; 5) having performed such services successfully for a lengthy period of
time; 6) 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 ORGANIZATION agree as follows:
EXHIBIT A..
-- W'
I. Scope of Services
SERVICE ORGANIZATION agrees to provide the following services to CITY during the
term of this agreement:
To assist the City of Paris in dealing with the problems of the elderly, and to prevent
said elderly citizens from being the victims of abuse, poverty, sickness, hunger, or
other related social conditions which in turn would be a drain on and adversely affect
the resources and activities of the City of Paris.
II. Compensation
For and in consideration of these services, CITY agrees to pay to SERVICE
ORGANIZATION, a one-time payment, in the amount of $8,000.00 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 the aforesaid one-time payment, SERVICE
ORGANIZATION shall be obligated to provide said services throughouttheterm ofthis Agreement.
III. Reporting
No later than ninety (90) days prior to the termination of this Agreement as provided herein,
SERVICE ORGANIZATION shall provide to CITY the following information in writing:
1. A financial statement, in such detail and containing such information as CITY shall
reqmre;
2. A report of the number of citizens ofthe City of Paris served and directly benefitted
by the services provided under this Agreement during the previous nine (9) months
of services, or such other similar information as the CITY shall require;
3. A projected scope of services and cost projection for performance for the same or
similar services on behalf of CITY for an additional one year of service, should CITY
desire to renew this Agreement with SERVICE ORGANIZATION at the end of the
contractual term;
4. Any other information which CITY may reasonably require.
IV. Agreement Term
This Agreement shall begin on October 1, 2007 and end on September 30, 2008.
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
1. SERVICE ORGANIZATION shall be considered for all purposes under this
Agreement an independent contractor, 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 of liability, 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 agreethatthe 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
,2007.
CITY OF PARIS, PARIS, TEXAS
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk