2009-101 RES-Agreement witht the Children's Advocacy Center to perform certain ServicesRESOLUTION N0. 2009-101
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 TO THE CITY OF PARIS AND ITS
CITIZENS; 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 with the Service Organization to provide partial funding
to the Service Organization; and,
WHEREAS, the Service Organization will provide certain specialized services (as
described in the Agreement) to the community that 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; 3) providing specialized services
under a recognized name and as a recognized source in the community for specialized
expertise in the area of said specialized services; and,
WHEREAS, the City Council finds and determines that contracting with said Service
Organization will benefit the health, safery, and welfare of the citizens of the City of Paris in
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 city manager is hereby authorized to execute and the City
Clerk to attest to a Professional Services Agreement, 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, a copy of which is attached hereto and incorporated herein as
Exhibit A.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 28th day of September, 2009.
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
l
~
~Sse Ja s Freelen, Mayor
W. Kent McIIyh~ Attorney
PROFESSIONAL SERVICES AGREEMENT
BY A1VD BETWEEN THE CITY OF PARIS
AND THE CHILDREN'S ADVOCACY CENTER OF PARIS
STATE OF TEXAS
COUIVTY OF LAMAR
This Professional Services Agreement, hereinafter referred to as the "Agreement," entered
into by and between the City of Paris, a home-rule municipality 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 with the SERVICE
ORGANIZATION to provide such specialized services to City of Paris and its citizens; and,
WHEREAS, the Service Organization will provide certain specialized services as described
herein and as further described in the Service Organization's mission statement to the community
that 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; 3)
providing specialized services under a recognized name and as a recognized source in the
community for specialized expertise in the area of said specialized services; 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:
1. Scope of Services
SERVICE ORGANIZATION agrees to provide the following services to CITY and its citizens
during the term of this agreement:
To work with local law enforcement agencies, Child Protective Services and the
courts with their investigation of cases of physical or sexual abuse against children
and the caring for children that are victims of physical 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.
EXHIBIT E
II. Funding
For and in consideration of these services, CITY agrees to provide partial funding to the
SERVICE ORGANIZATION, in the form of a one-time payment, in the amount of $12,500.00 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
ORGANIZATIOIV 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:
1. 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
contractua] term;
4. Any other information which C1TY may reasonably require.
IV. Agreement Term
This Agreement shall begin on October 1, 2009 and end on September 30, 2010.
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. If the SERVICE ORGANIZATION terminates the Agreement prior to providing the services
required herein, the SERVICE ORGANIZATION shall refund that portion of the one-time payment
received ($12,500) on a pro rata basis.
VI, Release/Indemnification
By the entering into this Agreement, SERVICE ORGANIZATION agrees to in all things
release, indemnify and hold the 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 or actions under this Agreement, including claims of
negligence or other similar claims.
VII. Independent Contractor
SERVICE ORGANIZATION shall be considered for all purposes under this Agreement an
independent contractor, and not an employee, agent, or other representative of CITY. Nothing in
this Agreement shall change the SERVICE ORGANIZATION's independent contractor status or
create any kind of joint enterprise between the SERVICE ORGANIZATION and the CITY.
VIII. Miscellaneous
This Agreement may be assigned by SERVICE ORGANIZATION only with the express written
consent of the City Manager of the City of Paris, Texas .
SERVICE ORGANIZATION and CITY agree that the services provided 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.
This Agreement, and every provision hereof, shall be considered severable, and the
invalidity or partial invalidity of any section, clause, or provisions of this Agreement shall not affect
the validity of any other portion of this Agreement.
This Agreement shall be interpreted exclusively under the laws and ordinances of the State
of Texas and the City of Paris.
EXECUTED this 28th day of September, 2009.
ATTEST:
Janice Ellis, City Clerk
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
THE CHILDREN'S ADVOCACY CENTER OF PARIS
ATTEST:
Mitzi White, Executive Director