2010-067 RES PROFESSIONAL AGREEMENT GREATER PARIS DEV FOUNDATIONRESOLUTION N0. 2010-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH THE GREATER PARIS DEVELOPMENT FOUIVDATION
TO PERFORM CERTAIN SPECIALIZED SERVICES TO THE CITY OF PARIS
AND ITS CITIZENS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARIIVG 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.
Section 3. That this resolution shall be effective from and after its date of
passage.
PASSED AND APPROVED this 141h day of june, 2010.
.
Will Biard, Mayor
ATTEST:
iCity Clerk
APPROVED AS TO FORM:
W. Ke4Mcllyar, C' Atto ney
PROFESSIONAL SERVICES AGREEMENT
BY A1VD BETWEEN THE CITY OF PARIS
A1VD THE GREATER PARIS DEVELOPMENT FOUNDATIOIV
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:
1. Scope of Services
SERVICE ORGANIZATION 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..
H. 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 ORGANIZATION 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.
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 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, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
Kevin Carruth, City Manager
THE GREATER PARIS DEVELOPMENT FOUNDATION
ATTEST:
Edward Ellis, President
REQUEST FOR PUBLIC FUNDING 1llN2Am11;qq
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 Chairperson
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: marvwalkerclark(d)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 vear. One is
Challenge DaV to be given at 3 school districts This prol!ram works to eliminate racism and other preiudices. The
other proiect 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- uqs bv the children for Girls Scouts, etc.
Describe how your project will benefit the City of Paris and its citizens: Both proiects work to establish workinE
relationships amoni! 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 fundine one-half of_Challenp_e Dav
Is a detailed project budget, including columns and descriptions for allocations of city 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:
City of Paris EXHIBITg,. Revised 7/07/09
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 day sessions which will be divided amonp, the school districts. This is a aowerful
national prop_ram that helps students recopnize 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 Communitv Wide Block Party which brinas 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 vear for sign-ups - Boys and Girls Scouts, soccer, Bovs and Girls Club, etc.
The first communitv racial dialogue will take place in July and it is hoped this can continue.
Paris has suffered and continues to suffer from an imaEe of a racial communitv. These proiects brinil
together qeople of all races to work together on the proiects and to benefit from them.
City of Paris Revised 7/07/09
Greater Paris Development Foundation
Diversity Task Force Operation Budget
2010
Income:
City of Paris 11,500
Individual Donations 3,500
Local Business & Organization Donations 10,000
Total $25,000
Expenditures:
Challenge Day
15,000
U-Turn Awards
500
Block Party
5,000
Motivational Speakers for schools
3,500
Meet & Greet
500
Racial Dialogue Dinner
500
Total
$25,000