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2010-107 RES PROFESSIONAL SERVICE AGREEMENT - LAMAR COUNTY HUMAN RESOURCESRESOLUTION N0. 2010-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE LAMAR COUNTY HUMAN RESOURCES COUNCIL 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 Human Resources Council, 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 Lamar County Human Resources Council 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. 4iard, Mayor ATTEST: ')Jce!El=liis, City Clerk APPROVED AS TO FORM: G✓ • _ W. Kent McII ar, Ci Attorney PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND THE LAMAR COUNTY HUMAN RESOURCES COUNCIL 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 Human Resources Council whose offices are located at 1275 N.W. 19th, P.O. Box 714, 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 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: EXHIBiT A Assistance in dealing with the problems of the elderly of Paris and Lamar County, Texas, and to prevent said elderly citizens from becoming the victims of abuse, poverty, sickness, hunger, or other related social conditions. 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 $12,000.00 to be paid to SERVICE ORGANIZATION within thirty (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 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 ($12,000) on a pro rata basis. VL 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 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 CITY OF PARIS, TEXAS Kevin Carruth, City Manager APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ATTEST: LAMAR COUNTY HUMAN RESOURCES COUNCIL Tanteta Hilliard, Executive Director 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: LLt,rY\Cty( l,0un6 ~ctn &sakxCes Date: In lio Agency Mailing Address: f • o•--6 Oi LA Agency Phone Number: q03 Agency Fax Number: (q03)1gy"2L05,9 Contact Person 0. Luf'Q Contact's Title: Contact's Mailing Address: S4X`r1f, O~S aIWC, Contact's Phone Number: it Contact's Fax Number: i' Contact's Email Address: l r. ~l YG eA (D SUc~,Qn 11 nLmo_l I - c-o 1'Y-) Name of Project• 1M e0..1 S o►Z W h~~ S Location/Service Area of Project: ~~►5 ax-,J t-aXra f t4)L^4U Total Project Budget: $ Total Amount Requested from City: $ I2l 040 •00 Number of Beneficiaries: Summary of Project: Se e A4Q 61,Pd n/) Describe how your project will benefit the City of Paris and its citizens: See, List other sources of funding for this project and the amounts: S e~. ,e Is a detailed project budget, Zes uding columns and descriptions for allocations of city funding and the agency's matching funds, attached? ❑ No Is the agency's most recent financial statement or audit attached? ZYes ❑ No Have you received funding from the City of Paris in the last five years for this or any other project? Kl~es ❑ 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 vear awarded: Se< *'T'cLC` l'e Revised 7107/09 City of Paris ffiIBIT A Detailed description of project (including description of need, sfope of work, methodology, who benefits, other project partners, etc ~ W4c~ve City of Paris Revised 7/07/09 Lamar County Human Resources City Funding Request Summary of Project: Meals on wheels delivers hot nutritious noon time meals to seniars over 60 years of age and disabled individuals in Paris and Lamar County. Lamar County Human Resources also has 4 senior centers that serve a noon time meal and social activities. Two of those centers are located within the city limits of Paris. Describe how your project will benefit the City of Paris and its citizens: Meals on Wheels enables seniors and disabled individuals to maintain an independent lifestyle. It also aids in overall nutritional health. Being able to be healthy independent individuals allows them to stay in their homes longer and be part of their community. List other sources of funding for this project and the amounts: Department of Aged and Disabled Services $ 482,053.81 Area Agency on Aging $ 186,620.53 United Way $ 22,503.78 County of Lamar $ 11,000.00 Please note that these numbers are from year end 9/30/09 Previous City Funding: 2005 $ 0.00 2006 $ 5,000.00 2007 $ 8,000.00 2008 $ 12,000.00 2009 $ 12,000.00 Detailed Description of Project: Meals on Wheels is serving an average of 505 meals a day. There are 537 homebound individuals being served in their homes. 83% of those individuals live in the City of Paris. There is an additional 164 individuals being served through one of the four senior centers. 70% of those individuals live in the City of Paris. According to the 2000 Census, 20.4% of the population of Paris/Lamar County is over the age of 60. Texas ranks 4th in regards' to the highest level of Senior Hunger across the Nation. The Meals on Wheels program also has three case managers that works with participants in the program to refer and assist them in other areas as needed. We strive to train staff and volunteers in CPR. With this training and having contact with individuals 5 days a week, we have the ability to assist with emergency needs. We collaborate with law enforcement and paramedics when there is a concern regarding the welfare of a participant. LAMAR COUNTY HUMAN RESOURCES, INC. Meals On Wheels, Elderly Transportation, Food Baskets, Telephone Reassurance, Senior Centers PO Box 714 Paris, Texas 75461 903-784-2580 903-784-2639 (Fax) Ichrced@suddenlinkmail.com (E-mail) July 7, 2010 City Of Paris Attn: Gene Anderson P.O. Box 9037 Paris, Texas 75461 Reference: Financial Request Dear Mr. Anderson, Lamar County Human Resources Council, Inc. is a 501(c)3 Non-Profit agency that works to meet the needs of individuals in Paris and Lamar County. LCHRC aides individuals and families in the Paris area with Food Baskets, Utility Assistance, Fans, Blankets, Heaters, Smoke Detectors, Senior Transportation and Meals on Wheels. LCHRC through its various programs has served approximately 1,015 individuals to date. The Meals on Wheels Program works to meet the nutritional needs of seniors and disabled individuals, to promote a higher quality of life and independence. The Meals on Wheels program is currently serving 701 individuals with a nutritional noon time meal Monday thru Friday. Approximatly 78% of these individuals' live in the City of Paris. It costs approximately $1,400.00 a year to feed an individual on this program. Through the efforts of the Meals on Wheels Program, individuals are able to reside independently in their own home. Many individuals without this program would be forced to live in an assisted living program and or a nursing home. LCHRC has greatly appreciated the prior years support from the CiTy of Paris. LCHRC looks forward to a continued collaborative working relationship with the City of Paris. LCHRC is requesting $12,000.00 in financial support to assist us in continuing to meet the needs of individuals in our area. Please find enclosed a copy of our Audit for the year ending September 30, 2009. If there is any additional information needed for your records, please contact me at (903) 784-2580. Thank You, *Ackj Tanteta Hilliard United Way of lamar Counry COMMI TTED TO HELPING THOSE IN NEED Proposed Lamar County Human Resources Council, Inc. 2010/2011 CODE CATEGORY Actual FY 08/09 Budgeted FY 09110 Proposed FY 10/11 INCOME: 4010 4012 4013 4014 4017 PUBLIC SUPPORT: FOUNDATIONS/CORP DONATIONS UNITED WAY PURCHASED MEALS TOTAL: $ $ $ $ 1,500 33,669 22,504 57,673 $ $ $ $ $ 20,000 24,000 20,522 64,522 $ $ $ $ $ 15,000 24,000 20,522 59,522 4020 4021 SPECIAL FUNDRAISING EVENTS MISC FUNDRAISING (Mardi Gras) $ 38,265 $ 28,000 $ 34,000 4022 MISC FUNDRAISING TOTAL: $ $ 3,300 41,565 $ 28,000 $ 34,000 4050 PROGRAM INCOME- DONATIONS 1 648 $ 660 1 4051 TRANSPORTATION $ 1,267 $ , 960 8 $ , 800 8 4052 MEALS TOTAL PROGRAM INCOME $ $ 8,736 10,003 $ $ , 10,608 $ , 10,460 4060 PRIVATE CONTRACTS 903 5 $ 080 6 4065 CHAMY INVESTMENTS (Paris Ret.Vill) $ 5,690 $ , 903 5 $ , 080 6 TOTAL: $ 5,690 $ , , 4070 GRANTS 000 11 $ 000 11 4071 LAMAR COUNTY $ 11,000 $ , 506 68 $ , 506 68 4073 III C 1 LAMAR $ 64,677 $ , 528 116 $ , 528 116 4074 4075 III C 2 LAMAR Title XIX LAMAR - CBA $ $ 123,676 - $ $ , 307,357 564 206 $ $ , 256,280 600 237 4075 Titie XX LAMAR - CCAD $ 482,054 $ , 514 24 $ , 000 21 4079 III B TRANSPORTATION LAMAR $ 20,745 $ , 000 12 $ , 000 12 4086 CITY OF PARIS $ 12,000 $ , , 4094 TEXAS FEEDING TEXANS $ 17,370 469 746 $ 914 722 TOTAL: $ 731,521 $ , , 4090 InvestmenUlnterest Income $ 1,717 $ 2,500 $ 1,500 5000 HOUSING INCOME 020 19 $ 020 19 5001 PARK GARDENS $ 19,152 $ , 800 4 $ , 200 5 5010 RENTALS $ 4,626 $ , 820 23 $ , 220 24 TOTAL: $ 23,778 $ , , GRAND':TOTAL INCOME: $ 871,947 ' $ 881,823 ' $ 858,696 Page 1 of 3 Proposed Lamar County Human Resources Council, Inc. 2010/2011 CODE CATEGORY Actual FY 08109 Budgeted FY 09/10 Proposed FY 10111 6000 PAYROLL COSTS 6012 TAXES PAYROLL@ 7.65% $ 22,983 $ 26,423 $ 28,775 6013 UNEMPLOYMENT @ 1.6% $ 3,055 $ 5,527 $ 15,121 6014 WORKERS COMPENSATION $ 7,156 $ 6,100 $ 7,000 Clerical @.59% $ - Kitchen @ 3.3% $ - TOTAL P&T: $ 33,195 $ 38,050 $ 50,896 EXPENSES: 6100 SALARIES: TOTAL EXEMPT AND NONEXEMPT: $ 306,205 $ 345,407 $ 376,277 6200 PROFESSIONAL FEES 6204 AUDIT & 990 $ 15,387 $ 16,500 $ 19,000 6206 OTHER PROFESSIONAL SERVICES $ 1,350 $ 800 $ 3,500 TOTAL PROFESSIONAL FEES: $ 16,737 $ 17,300 $ 22,500 6300 SUPPLIES 6301 RAW FOOD $ 208,412 $ 232,500 $ 201,240 6302 MEAL RELATED SUPPLIES $ 29,914 $ 45,000 $ 40,000 6303 KITCHEN SUPPLIES $ 4,153 $ 4,500 $ 5,000 6304 OFFICE SUPPLIES $ 5,827 $ 4,000 $ 4,000 6305 CLEANING SUPPLIES $ 2,779 $ 3,000 $ 3,000 6306 HEALTH /MEDS/FIRST AIDE $ 541 $ 500 $ 500 6307 MAINTENANCE $ 57 $ 1,000 $ 500 6308 TOKENS OF APPRECIATION $ 694 $ 1,000 $ 1,000 6325 SMALL EQUIPMENT $ 1,770 $ 800 $ 800 TOTAL SUPPLIES: $ 254,147 $ 292,300 $ 256,040 6400 COMMUNICATIONS 6401 BASE SERVICE $ 4,178 $ 4,000 $ 4,000 6403 LONG DISTANCE $ 183 $ 450 $ 250 6404 INTERNET SERVICE $ 854 $ 960 $ 960 6406 RADIO COMMUNICATIONS $ 3,056 $ 2,000 $ 1,800 TOTAL TELEPHONE $ 8,271 $ 7,410 $ 7,010 6500 POSTAGE $ 1,155 $ 1,500 $ 1,250 6600 OCCUPANCY 6603 ELECTRICITY $ 25,333 $ 26,000 $ 18,000 6604 GAS $ 3,182 $ 4,000 $ 6,000 6605 WATER $ 3,103 $ 3,000 $ 3,000 6606 SECURITY $ - $ 200 $ 1,600 6607 TRASH PICKUP $ 2,136 $ 2,800 $ 2,800 6608 PEST CONTROL $ 1,098 $ 1,300 $ 1,300 6609 PROPERTY MAINTENANCE $ 2,885 $ 5,000 $ 5,000 TOTAL OCCUPANCY: $ 37,736 $ 42,300 $ 37,700 Page 2 of 3 Proposed Lamar County Human Resources Council, Inc. 2010/2011 CODE CATEGORY Actual FY 08/09 Budgeted FY 09110 Proposed FY 10/11 6700 6702 RENTAUREPAIR/MAINTENANCE EQUIPMENT VEHICLE MAINTENANCE $ 11 $ 15,000 $ 12,500 6902 FUEL $ 66 3 $ 16,000 $ 16,000 6904 TAGS/LICENSE $ EE 99 $ 700 $ 700 6703 E QUIPMENT MAINTENANCE $ 37 $ 5,000 $ 3,000 6710 Buiiding Repairs/Maintenance $ 52 $ 17,000 $ 12,000 New/Replace Equipment TOTAL EQUIP RENTAL: $ 46,365 $ $ 20,000 73,700 $ $ - 44,200 6800 PRINTING & DUPLICATIONS 6801 OUTSIDE PRINTING $ 496 $ 500 $ 500 6802 COPYING $ 771 $ 500 $ 1,000 6805 6807 FILMNIDEOS PURCHASE PUBLICATIONS $ 67 $ $ 50 200 $ $ 50 150 6808 COMPUTER SOFTWARE $ 952 $ 750 $ 750 TOTAL P& P: $ 2,286 $ 2,000 $ 2,450 6900 6901 6905 TRAVEL AUTO ALLOWANCE/Milage HOTEUMEALS/INCIDENTALS $ $ 4,504 1,555 $ $ 6,000 4,000 $ $ 6,000 3,000 TRAINING $ 92 $ 500 $ 300 TOTAL TRAVEL: $ 6,151 $ 10,500 $ 9,300 7000 7001 CONF/TRAIN REGISTRATION FEES $ 1,120 $ 1,000 $ 1,000 7002 OTHER $ 300 $ 300 $ - TOTAL CONF/CONV: $ 1,420 $ 1,300 $ 1,000 7300 7302 MEMBERSHIP ORGANIZATIONAL DUES $ 320 $ 320 $ 320 TOTAL: $ 320 $ 320 $ 320 7401 AUTO Note Payments $ 21,119 $ 13,357 $ 13,766 7700 INSURANCE TOTAL: $ 19,084 $ 21,000 $ 21,500 7900 7905 MISC. EXPENSES ADVERTISING $ 333 $ 1,000 $ 750 7906 SPECIALPROJECTS/EVENTS $ 243 $ 1,200 $ 750 7907 BANK CHARGES $ 15 $ 50 $ 50 7910 MISC. EXPENSES $ 1,369 7915 FUNDRAISING (Mardi Gras) $ 12,437 $ 13,000 $ 13,000 TOTAL: $ 14,398 $ 15,250 $ 14,550 ' 'GRAND TOTAL EXPENSES. $ ! 768,590 . $ . ~881,694 . . :858,759 GRAND TOTAL INCOME: $ 871,947 $ 881,823 $ 858,696 ;NET INGOME: 103 358 $ ` 128 Page 3 of 3