2012-012 RES APPROVING/AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN RED CROSSRESOLUTION N0. 2012-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL
SERVICES AGREEMENT WITH THE AMERICAN RED CROSS, LAMAR
COUNTY CHAPTER TO PERFORM CERTAIN SPECIALIZED SERVICE
TO THE CITY OF PARIS AND ITS CITIZENS; MAKIIVG OTHER
FINDINGS AIVD PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the American Red Cross, Lamar County Chapter, 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 Service 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 of this resolution are
hereby in all things approved.
Section 2. That the Interim 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 American Red Cross, Lamar County Chapter for the
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE AMERICAN RED CROSS, LAMAR COUNTY CHAPTER
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
American Red Cross, Lamar County Chapter whose offices are located at 2673 N. Main Street,
Suite J, in the City of Paris, Lamar Counry, 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
coinmunity 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:
To be prepared to provide emergency services, such as shelters, food, medical
supplies, medical treatment and other related services, during the course of any
identified emergency circumstance within the City of Paris.
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 $10,000.00 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;
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, 2011 and end on September 30, 2012.
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 ($10,000) 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/ar 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 the Interim 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 lega] 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 27th day of February, 2012.
ATTEST:
CITY OF PARIS, TEXAS
Janice Ellis, City Clerk Gene Anderson, Interim City Manager
APPROVED AS TO FORM:
W. Kent McIlyar City Attorney
THE AMERICAN RED CROSS
ATTEST: LAMAR COUNTY CHAPTER
Bradley Scott, Executive Director
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE AMERICAN RED CROSS, LAMAR COUNTY CHAPTER
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
American Red Cross, Lamar County Chapter whose offices are located at 2673 N. Main Street,
Suite J, in the City of Paris, Lainar 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:
EXHIBIT A
To be prepared to provide emergency services, such as shelters, food, medical
supplies, medical treatment and other related services, during the course of any
identified emergency circumstance within the City of Paris.
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-tiine payment, in the amount of $10,000.00 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 infonnation 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, 2011 and end on September 30, 2012.
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 agreeinent 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 ($10,000) on a pro rata basis.
VI. Release/lndemnification
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/ar caused by the
negligence, errors, omissions or intentional wrongful acts of the SERVICE ORGANIZATION or
the SERVICE ORGANIZATION's owners, officers, employees or agents.
VIL 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 the Interim City Manager of the City of Paris, Texas.
SERVICE ORGANIZATION and CITY agree that the services provided under this
Agreeinent 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 far 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 Ageement.
This Agreement shall be interpreted exclusively under the laws and ordinances of the State
of Texas and the City of Paris.
EXECUTED this 27th day of February, 2012.
ATTEST:
C1TY OF PARIS, TEXAS
Janice Ellis, City Clerk Gene Anderson, Interim City Manager
APPROVED AS TO FORM:
W. Kent Mcllyar City Attorney
THE AMERICAN RED CROSS
ATTEST: LAMAR COUNTY CHAPTER
Bradley Scott, Executive Director
REQUEST FOR PUBLIC FUNDING
ivon-prorit agencies requesting rundmg trom the C,ity 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: ~'(Y1~.rt~l(~ ~ l..t"OSS yvAqr epdAC ~Date•
Agency Mailing Address: o3 Nor'h okat, ~V\ <;4 ~(It 'e,
Agency Phone Number: C1 03 ~ 73 7' Z-1 ~NQ Agency Fax Number:~~~ - 79 a- G 3 q~
Contact Person:_ rO~.C~`~ Contact's Title: ~I r~E1,~ r
Contact's Mailing Address:,-9 lo 7 Z, N 0t'4AX 1~4~v~
Contact's Phone Number: r'I 03' 7 3]-It 3i 0 Contact's Fax Number:9 D-S 7 Pa'~i 3~yL
Contact's Email Address:_
a -C
Name of Project: 2 G S ~ r
Location/Service Area of Project: ,-;t L 7 N 0 r A\aivt5~-; .T
Summary of Project:
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Describe how your project will benefit the City of Paris and its citizens:~~
~.►VweM AM~►'KQ/1f`_C~M~~(A l\G.A11e.~nn kJ.. n .nn-- L- ^ - .1i- -
List other sources of funding for this project and the
Is a detailed project budget, including c lumns and descriptions for allocations of city funding and the agency's
matching funds, attached? ❑ Yes No
Is the agency's most recent financial statement or audit attached? [v~yes ❑ No
Have you received funding from the City of Paris in the last rive years for this or any other project? kyes ❑ No
If you have received previous city funding, list the name of the project, the amount of the City's award, and the
year awarded: 'aO f'~ lo ~ O o 7 ;~00 $ D,,p 0~ ;),Q► ci i (O 0 a~)
City of Paris ~
E X H I B 17 Revised 6/10/08
Detailed description of project (including description of need, scope of work, methodology, who benefits, number
of beneficiaries, other,~project partners, etc.):
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City of Paris Revised 6/10/08