2010-101 RES PROFESSIONAL SERVICE AGREEMENT - GREATER PARIS DEVELOPMENT FOUNDATIONRESOLUTIOIV 1110. 2010-101
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 to the
community that will benefit the City by: 1) providing specialized services to the community
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 general 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 25th day of October, 2010.
4illrd, Mayor
ATTEST:
, UO~
J nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya Ci Attorney
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE GREATER PARIS DEVELOPMENT FOUNDATION
STATE OF TEXAS §
§
COUNTY OF LAIVIAR §
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 as set forth in more
detail in the Request for Funding documents attached hereto and incorporated herein as Exhibit A
to CITY and its citizens during the term of this agreement:
EXHIBITA-
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.
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;
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, 2010, and end on September 30,
2011.
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 all the
services required herein, the SERVICE ORGANIZATION shall refund that portion of the funding
received ($11,500) on a pro rata basis.
VI. Release/Indemnification
By entering into this Agreement, the SERVICE ORGANIZATION expressly agrees to
defend, indemnify and hold the City of Paris, Texas and its officers, agents and employees
harmless from and against all damages, injuries (including death), claims, property damages
(including loss of use), losses, demands, penalties, suits, judgments and costs, including attorney's
fees and expenses, in any way arising out of, related to, ar resulting from the SERVICE
ORGANIZATION's activities or services provided under this Agreement and/or caused by the
negligence, errors, omissions or intentional wrongful acts of the SERVICE ORGANIZATION or
the SERVICE ORGANIZATION's owners, officers, employees or agents.
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 25th day of October, 2010.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
ATTEST: TAE GREATER PARIS DEVELOPMENT FOUNDATION
Edward Ellis, President
ECEiVE
R.EQUEST FOR PUBLIC FUNDING
Non-profit agencies requesting funding from the City of Paris for projects that benefit the citize'.s~Ya1AANAGE~'plete
the following information to be eligible for consideration (you may use additional pages, if necessar~~~R~a~~~, please
submit with this form a copy of your agency's most recent fmancial 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• a,i Date•
Agency Mailing Address: C) 7-) G -7 S L( L2
Agency Phone Number: Agency Fag Nurnber.
_
Contact Person: CR&6~ O 6- Nn~(2~. ~k~Contact's Title: C CJ
ContacNsMailingAddress: ~ b C~
Contact's Phone Number: ~ ~r -(1) 3 ~ q Llq j - (,0J Contact's Fax Number:
Contact's Email Address:
Name of Project,&
Location/Service Area of Project: ~
Total Project Budget: $~2~~ Total Amount Requested from City: L t SQ ~
N ber of Beneficiaries: Summary of Project: R
~ r~ _ r,-.. „ _ \ ~r~....,.. `:....n
Describe how your project will benefit the City of Paris and its citizens:
List other sources of funding for this project and the amounts: \IV~;~~~
I r'1 I , tl\ r'
Is a detailed project budgef, ikluding columfi''s and descriptions for allocations of city funding and the agency's
matching funds, attached? ❑ Yes ~Vo
Is the agency's most recent financial statement or audit attached? ❑ Yes [~oHave you received fundinb from the City of Paris in the last five years for tliis or any other project? P~s EU-N-a'
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 I2evised 7/07/09
E%HIBIT A
Detailed description of project (including description of need, scope of work, methodology, who benefits, other
project paFtpers, etc.): _
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Ciry of Paris Revised 7/07/09
1323 LamarAve., Suite D
Pans, TX 75460
Certified Public Accountant
(903) 785-8481 • Fax (903) 784-8635
June l, 2010
Greater Paris Development Foundation
1323 Lamar Ave. Suite B
Paris, TX 75460
~~~~I "V" E P'
~
':;"ITY MANA~`rER
YARfS. TFXAS
I have compiled the accompanying statement of financial position of Greater Paris Development
Foundation (a non-profit organization) as of December 31, 2009, and the related statements of activities
for the 12 Periods then ended, in accordance with Statements on Standards for Accounting and Review
Services issued by the American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial statements information that is the
representation of management. I have not audited or reviewed the accompanying financial statements
and, accordingly, do not express an opinion or any other form of assurance on them.
Administration has elected to omit substantially all of the disclosures and the statements of functional
expenses and cash flows required by generally accepted accounting principles. If the omitted disclosures
and statements were included in the financial statements, they might influence the user's conclusions
about the Foundation's financial position, activities, and cash flows. Accordingly, these financial
statements are not designed for those who are not informed about such matters.
We are not independent with respect to Greater Paris Development Foundation.
Paul T. Wells
Certified Public Accountant
Greater Paris Development Foundation
Statement of Financial Position
As of December 31, 2009
ASSETS
CURRENT ASSETS:
Cash-Lamar National
CD-Lamar National 16208 (CE)
CD-First Federal S&L (CC)
CD-Lamar National 1320 (Gen)
CD-Lamar National 1396 (Gen)
CD-Lamar National 24194 (TdP)
Total Current Assets
$ 341,182.25
30,000.00
75,589.10
2,657.58
2,523.89
51,290.04
TOTAL ASSETS
LIABILITIES AND FUND BALANCE
FUND BALANCE:
Fund Balance-Beginning of Yr.
Plus: Excess Revenues/(Expenses)
Total Fund Balance
TOTAL LIABILITIES AND FUND BALANCE
230,932.44
272,310.42
503,242.86
$ 503,242.86
503,242.86
$ 503,242.86
See accountant's compilation report.
Greater Paris Development Foundation
Statement of Activities
For the Twelve Months Ended December 31, 2009
SUPPORT AND REVENUE:
Interest Income-CD's
Donations
Total Support and Revenue
EXPENSES:
Fund Distributions
Professional Fees
Office Supplies
Postage
Total Expenses
CHANGE IN NET ASSETS
NET ASSETS, JANUARY 1, 2010
NET ASSETS, December 31, 2009
For the 12 Months
Ended December 31. 2009
$ 473
385,646
386.119
113,685
18
85
19
i]3,807
272,312
230,932
$ 503,244
See accounCant's compilation report.
SUPPLEMENTAL INFORMATION
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