2010-103 RES PROFESSIONAL SERVICES AGREEMENT - LAMAR COUNTY HISTORICAL SOCIETYRESOLUTION N0. 2010-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH THE LAMAR COUNTY HISTORICAL SOCIETY
MUSEUM 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 Lamar County Historical Society Museum, hereinafter referred to as
Service Organization, possesses certain specialized expertise, personnel, equipment, and
training necessary to provide certain communiry 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 Lamar County Historical Society Museum 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.
ard, Mayor
ATTEST:
,
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent cIl r, Ci Attorney
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE LAMAR COUNTY HISTORICAL SOCIETY MUSEUM
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 125 First
Street S.E., in the City of Paris, Lamar County, Texas, hereinafter referred to as "CITY" and the
Lamar County Historical Society Museum whose offices are located at 1009 W. Kaufinan, 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 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:
EXHIB(T A
To provide and maintain the Lamar County Historical Museum for the edification
and enjoyinent of citizens and visitors to our community.
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 $5,000.00 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
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 ($5,000) 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, or 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.
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
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
THE LAMAR COUNTY HISTORICAL
ATTEST: SOCIETY MUSEUM
Glen Gambill, President
REQUEST FOR PUBLIC FUNDING
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:
Agency Mailin
Agency Phone Number:C r' 9%(~Agency Fax Number: ~
T`~ -T-
Contact Person: Contact's Title: L4r,4:J,
n ~
Contact's Mailing Address: s t ~~v~ -~•t.;i - 7~X. 7 ~ df-~L~f
Contact's Phone Number: G` L' Contact's Fax Number:
ContacNs Em
Name of Proj
Location/Seri
Is a detailed project budget, including columns and descriptions for allocations of city funding and the agency's
matching funds, attached? BfYes ❑ No
Is the agency's most recent financial statement or audit attached? Yes ❑ No
Have you received funding from the City of Paris in the last five years for this or any other projeci~ !0. '<Yes ❑ 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: ~ 1 tl`'() 1ti ~ r~ Q "vv ~ ~
J ~7, . - / r, . - h
City of Paris E%HIBIT A Revised 7/07/09
Describe how your project will benefit the City of Paris and its citizens: ,(„~U
1, 1~ Y a,. .a . ~ ✓ ~ ~l . n e ~ , 1! _ . A . , 1 / : . n . Xn L, 1
List other sources of funding for thfls praject and the amaunts:
,r~.?a X. .~/7u 41 i..ILHCI
Total Project Budget: Total Amount Requested from City: $~3";~'T~
ci": ~,w
Number of Beneficiaries:A ~ S~ummary of Project: -W- ~2 L%
r
Detailed description of project (including description of need, scope of work, methodology, who benefits, other
project partners, etc.): ~~G L~, - A
- fiY -
n kl
~-vtitiC ,
City of Paris Revised 7/07/09
~
~
Lamar County Historicat Society
2009 Financial Report
IRS
RECEIPTS:
Membership Dues $1,925.00
Tours 38625
100.00 Chisum
105.75 Chisum
45.50 Cecile Everett
135.00 Aikin
Donation Box
1,358.61
Other ponations
1,490.00
B. Justiss - fence 760
B. Hayden - Buckner 300
Tickets - Buckner luncheon 405
Memorial - 25
Museum Shop
342.00
Chamber of Commerce VCC
3,500.00
First Federal Foundation
5,000.00
City of Paris
5,000.00
Lamar County, TX
1,000.00
Total Receipts 2009
$20,001.86
DISBURSEMENTS:
Utilities
3,703.40
T'XU Energy
2,136.25
City of Paris Water
284.08
ATMOS Energy
682.36
AT&T
600.71
Insurance
774.00
Zurich North American
774.00
Permit
47.50
City of Paris - canopy & sign
47.50
Building Materials
$1,894.59
Cunningham Steel
556.46
Paris Lumber & Building
499.65
National Hardware & Building
407.48
G. Books - steel for canopy
28.45
Sherwin-Williams
240.55.
Farris Family Glass
162.00
Air Conditioning - front area vent
$1,034.00
Buckner Luncheon
660.00
660.00
f"~. x
Miscellaneous
Printer
40.00
Fire Extinguishers
177.00
Home Depot - light bulbs
59.66
King's Trophy - Df Hayden
57.60
U.S.P.S. - stamps "
78.40
Wal-Mart - restroom supplies
35.12
Chantu Custom Frames
431.79
TOTAL DISBUR5EMENTS 2009
$ 879.57
$8,993.06
LAMAR COUNTY HISTORICAL SOCIETY PROJECTED INCOME AND EXPENSES FOR 2010
INCOME
Donations:
City of Paris
$5,000.00
VCC
3,500.00
First Federal
5,000.00
Lamar County
1,000.00
Other
1,000.00
Donation box
1,350.00
Gift Shop
300.00
Dues
1,800.00
TOTAL INCOME: $18,950.00
EXPENSES
Operating Expenses:
Utilities
$4,000.00
Equipment Maintenance
1,100.00
Insurance
800.00
Cleaning
900.00
Supplies
200.00
Advertising
200.00
Miscellaneous
300.00
Mernbership Expense
200.00
Display Expense
900.00
TOTAL OPERATING: $8,600.00
Property Improvements:
Install Gas Line $900.00
Insulate E door in front 1,000.00
Repair Above E Door in Back 900.00
TOTAL IMPROVEMENTS: $2,800.00
TOTAL PAYOUT: $11,140.00