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17-Deliberate and act on a Resolution approving and authorizing a professional services agreemtnCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: Agenda Item No.: 6/03/10 Council Date: City Manager Kevin Carruth 17. 06/14/10 RECOMMENDED MOTION: Move to approve a resolution authorizing a professional services agreement with Greater Paris Development Foundation to perform certain specialized services through the Racial Diversity Task Force for the City of Paris and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Fiscal management; Racial diversity BACKGROUND: City Council gave direction to the City Manager to enter into a professional services agreement with the Greater Paris Development Foundation to assist the Diversity Task Force establish working relationships among all citizens of Paris and to break down racial barriers. On June 3, 2010, the City Manager received from the Greater Paris Development Foundation a request for public funding. The Foundation will assist the Racial Diversity Task Force to hold Challenge Days at Chisum ISD, North Lamar ISD, and Paris ISD as well as a community wide block party On September 21, 2009, City Council approved the budget for 2009-2010, which included funds for these professional services. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and Professional Service Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $11,500 ❑ Department Report ~ Resolution Budgeted Amt. $11,500 ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: * Administration Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 80 DRAFT attorney\reswork\current\Spec Services Contract Res - GPDF Diversity Task Force 2010 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE GREATER PARIS DEVELOPMENT FOUNDATION 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 Greater Paris Development Foundation, 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, safety, 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 Greater Paris Development Foundation 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. 8 ~ Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of June, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney i PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND THE GREATER PARIS DEVELOPMENT FOUNDATION STATE OF TEXAS COUNTY 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 135 First Street S.E., in the City of Paris, Lamar County, Texas, hereinafter referred to as "CITY" and the Greater Paris Development Foundation whose offices are located at 1323 Lamar Ave, Ste D, Paris, Texas 75460, 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 Request for Public Funding attached hereto and incorporated herein as Exhibit "A" 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: I. Scope of Services SERVICE ORGAIVIZATION agrees to provide the following services to CITY and its citizens during the term of this agreement: To establish working relationships among all citizens of Paris and to break down racial barriers by assisting the Diversity Task Force with projects such as the Challenge Day to be held at three local school districts being a program to eliminate racism and other prejudices and the Community Wide Block Party that brings in hundreds of Paris residents to enjoy food, music, and fun with booths to encourage sign-ups by the children for Girl Scouts, etc. EXHIBIT g 8~ 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 $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: 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 contractual term; 4. Any other information which CITY may reasonably require. IV. Agreement Term The term of 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 ($11,500) on a pro rata basis. VI. Release/Indemnification By the entering into this Agreement, SERVICE ORGAIVIZATION agrees to in all things release, 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 or actions or the activities or actions of any sub-contractor or sub-agency of the Service Organization under this Agreement, including claims of negligence or other similar claims. Ci t' VII. Independent Contractor SERVICE ORGANIZATIOIV 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 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 14th day of June, 2010. ATTEST: CITY OF PARIS, TEXAS Janice Ellis, Ciry Clerk APPROVED AS TO FORM: W. Kent McIlyar City Attorney Kevin Carruth, City Manager THE GREATER PAR[S DEVELOPMENT FOUNDATION ATTEST: Edward Ellis, President 8 REQUEST FOR PUBLIC FUNDING l11N2um11;2_q Non-profit agencies requesting funding from the City of Paris for projects that benefit the citizens of Paris must complete the following information to be eligible for consideration (you may use additional pages, if necessary). In addition, please submit with this form a copy of your agency's most recent financial statement or audit and a detailed budget for the project. Agencies must also make a brief presentation on their project at a city council meeting. Agency Name: Greater Paris Development Foundation Date: 06/03/2010 Agency Mailing Address: 1323 Lamar Ave Ste D Paris TX 75460 Agency Phone Number: (903) 785-8481 Agency Fax Number: (903) 784-8635 Contact Person: Mary Clark Contact's Title: Committee Chairaerson Contact's Mailing Address: 3160 Allen Paris TX 75460 Contact's Phone Number:(903) 785-6814 Contact's Fax Number: (903) 784-8635 Contact's Email Address: marywalkerclark(a-)hotmail com Name of Project: Diversity Task Force Location/Service Area of Project: Paris TX Total Project Budget: $ 25,000 Total Amount Requested from City: $ 11,500 Number of Beneficiaries: 25,000 Summary of Project: There are two maior proiects this year. One is Challenge Day to be given at 3 school districts This prol!ram works to eliminate racism and other preiudices. The other prolect is the Communitv Wide Block Partv that brings in hundreds of Paris residents to eniov food, music, and fun There's also booths to encourage sign- ups bv the children for Girls Scouts, etc. Describe how your project will benefit the City of Paris and its citizens: Both proiects work to estabtish working relationst►ips amon all citizens of Paris and to break down racial barriers. List other sources of funding for this project and the amounts: United Wav and other private fundraising. Schools will be funding one-half of Challenge Dav Is a detailed project budget, including columns and descriptions for allocations of ciiy funding and the agency's matching funds, attached? Z Yes ❑ No Is the agency's most recent financial statement or audit attached? Z Yes ❑ No Have you received funding from the City of Paris in the last five years for this or any other project? ❑ Yes Z No If you have received previous funding from the City, list the name of the project, the amount of the City's award, and the year awarded: N/A City of Paris ExHiBIRevised 7/07/09 89 Detailed description of project (including description of need, scope of work, methodology, who benefits, other project partners, etc.): Challenge Dav will be provided to three school districts - Chisum, North Lamar, and Paris There will be 2 three dav sessions which will be divided amonl! the school districts. This is a powerful national proaram that helps students recoi!nize their preiudices and destructive behavior and learn how to change their attitudes Total cost will be between $25,000 and $30,000 but school districts will pav half. This is the third vear for the Community Wide Block Party which brings together people from all walks of life Food, music, and entertainment are provided - all of which helps unite us. More vouth booths will be available this year for sign-ups - Boys and Girls Scouts, soccer, Bovs and Girls Club, etc. _ The first community racial dialo2ue will take place in July and it is hoped this can continue. Paris has suffered and continues to suffer from an image of a racial communitv. These proiects bring toi!ether people of all races to work tol!ether on the proiects and to benefit from them. City of Paris fZevised 7/U7/U9 9 Greater Paris Development Foundation Diversity Task Force Operation Budget 2010 Income: City of Paris Individual Donations Local Business & Organization Donations Total Expenditures: Challenge Day U-Turn Awards Block Party Motivational Speakers for schools Meet & Greet Racial Dialogue Dinner Total 11,500 3,500 10,000 $25,000 15,000 500 5,000 3,500 500 500 $25,000 il ..L