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2007-120-RES-Approving and Authorizing a Professional services agreement with the Children's Advocacy Center to Perform certain specialized services on behalf of the City of ParisRESOLUTION N0.2007-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE CHILDREN'S ADVOCACY CENTER 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 Children's Advocacy Center, 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: 1) providing specialized services for which the City has limited or no expertise; 2) 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; 3) allowing the City to avoid the necessity of incurring substantial cost in training employees to perform such specialized services on a limited basis; 4) 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; 5) being a recognized source in the community for specialized expertise in the area of said specialized services; 6) having performed such services successfully for a lengthy period of time; 7) 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 Z. 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 Children's Advocacy Center 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. ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent c y i Attorney C~lijlti J sse James reelen, Mayor PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND THE CHILDREN'S ADVOCACY CENTER OF PARIS STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: 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 the Children's Advocacy Center of Paris whose offices are located at 711 Pine Bluff, 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 for which CITY has limited or no expertise; 2) 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; 3) allowing CITY to avoid the necessity of incurring substantial cost in training employees to perform such specialized services on a limited basis; 4) 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; 5) being a recognized source in the community for specialized expertise in the area of said specialized services; 6) having performed such services successfully for a lengthy period of time; 7) 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 of the citizens of the City of Paris in the furtherance of a public purpose; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE PREMISES, and the mutual consideration as set out herein, CITY and SERVICE ORGANIZATION agree as follows: EXHIBIT g I. Scope of Services SERVICE ORGANIZATION agrees to provide the following services to CITY during the term of this agreement: To assist the Paris Police Department in their investigation of children who are the suspected victims of physical and/or sexual abuse. This assistance may include providing forensic interviews, follow up contacts, mental and medical referrals, and any other service deemed necessary for the child victims and family. II. Compensation For and in consideration of these services, CITY agrees to pay to SERVICE ORGANIZATION, aone-time payment, in the amount of $11,500.00 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 throughout the term of this 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: A financial statement, in such detail and containing such information as CITY shall require; 2. A report of the number of citizens of the 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 maybe 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 P~Y• 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 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 , 2007. CITY OF PARIS, PARIS, TEXAS Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. ent M y , C ty Attorney THE CHILDREN'S ADVOCACY CENTER OF PARIS Stephanie Hunt, Executive Director ATTEST: