2012-014 RES APPROVING/AUTHORIZING PROFESSIONAL SERVICES AGREEMENT WITH CHILDREN'S ADVOCACY CENTERRESOLUTION N0. 2012-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT W[TH THE CHILDREN'S ADVOCACY CENTER 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 Children's Advocacy Center, 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 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 Children's Advocacy Center 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.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PARIS
AND THE CHILDREN'S ADVOCACY CENTER OF PARIS
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, Lainar County, Texas, hereinafter referred to as "CITY" and the
Children's Advocacy Center of Paris whose offices are located at 711 Pine Bluff, P.O. Box 536, 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 froin 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:
EXHIBITA
To work with local law enforcement agencies, Child Protective Services and the
courts with their investigation of cases of physical or sexual abuse against children
and the caring for children who are victims of physical or sexual abuse. This
assistance may include providing forensic interviews, follow up contacts, mental
and medical referrals, and any other service deemed necessary for the child victims
and family.
11. 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 $12,500.00 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 inforniation 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 ($12,500) 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, judginents 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 elnployee, 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.
VIll. Miscellaneous
This Agreement may be assigned by SERVICE ORGANIZATION only with the express
written consent of the 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 27th day of February, 2012.
CITY OF PARIS, TEXAS
Gene Anderson, Interim City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
ATTEST: THE CHILDREN'S ADVOCACY CENTER OF PARIS
Mitzi White, 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
te 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: The Children's Advocacv Center of Paris Date: 5/24/11
Agency Mailing Address: P.O. Boz 536. Paria. Tezaa 75460
Agency Phone Nnmber: (903) 784-5787
Contact Person: Mita White
Contact's Mailing Address: ame
Contact's Phone Nnmber. sxmg
Agency Faz Number. (903) 784-7104
Contact's Title: Ezecutive Director
Contact's Fa.z Number: same
Contact's Email Address: mittziww4itelOgIvahoo.com
Name of Project: The C6ildren's Advocacv Center of Paris
Location/Service Area of Project: Lamar Conntv & Red River Countv
Summary of Project: The mission of the C6ildren's Advocacv Center of Paris (CAC) is to nrotect and nromote the
healing of children who are victims of sezual and/or ohvsical abuse or We in a drng endangered environment The
CAC provides a friendlv home-like atmosphere which ntilizes a muttidisciptinarv team aonrnac to the
investigation of child abuse caaes. The team conaists of renresentadves from Child Protective Setvices, the Police
Denartment, the Conntv/District Attornev's Office; the SLeriff's Deaartment, Jnvenile Probation and locai mental
dnd medical healt6 nroviders in the service area.
Describe how yoar project will benefit the City of Paris and its citizens: The aroiect benefils the Citv of Paris bv
nroviding a neutrnl settine for the investigation nrocess. Chitdren are served in a manner that redpccs tranma and
revictimization while aruviding for atronger ca9es in court in a cost-effective manner. Aonrnzimateiv (p"/_ o of the
chitdren aerved live in the Citv of Paris. The CAC nrovides services to aaororimatelv 20 children each month
List other sources of fanding
for this
project and the amounts:
VOCA Grant - S64S44; CAC TX Grant
United Wav of Lamar Coant
v 420.0
00; i.amar Countv -$7.000
; Fundraising and Private Donations
Is a detailed project bndget, inclading columns and descriptions for allocationa of city fnnding and the agency's
matching fanda, attacLed? Yes X No
Is the agency's mast reoent financial statement or andit attached? X Yes ❑ No
Have yoa received fnnding from the City of Paris in the last five years for this or any other project? X Yes ❑ No
If you have received previons city funding, list the name of the project, the amoant of the City's award, and the
year awarded:
Prniect--Children's Advocacv Center
..007 - $11.500 2010- $12.500
2008 - $11.500 2009 - $12.500
E X H f B I TA
Detailed description of project (including description of need, scope of work, methodology, who benefits, number
of beneficiaries, ot6er project partners, etc.): _The Children's Advocacv Center of Paris (CAC) is a
private non-profit 501 c3 orQanization. The nuripose of a CAC is to reduce the trauma faoed bv
children and their non-offending familv members bv using a multidiscinlinarv team aparoach to
mvestipatons. This team is made up of reoresentatives from the CAC the County/District
Attomev's Office, local law enforoement aaencies and Child Protective Servioes Children involved
in investi-gations of abuse are now brouaht to one location a lame twastqrv house desianed to be a
neutral, chtld-fnendiv olace for families to oome durina the investigat_prooess Representatives
from each agencv mvolved meet at this location to collaborate on each case Child victims are
mterviewed bv one person, a forensic interviewer, trained to talk with children about these
situations. A forensic interviewer is trained to elicit information from children in a non-feadin non-
threatening manner that is leaallv defensible and will stand un in courtThe interview is viewed bv
the other orofessionals involved throuah a closed-circuit camera system Everv effort is made to
ensure that all informatron is obtained in one interview so that the child does not have to re eat
details of abuse over and over again. CAC staff inembers then Drovide follow un services for
families and are available to assist them as their case makes its wav throuah the criminal iustice
svstem. Established in 1999, the CAC has served 2,635 children and their non-offendina familv
members. The averaae number of children served ner vear is 207 Anproximatelv 79% of all
children served bv the Center live in Lamar Countv and 59% of all the children served live in the
Cftv of Pans.
Since its inceotion, the CAC has oontinued to exaand its services to better meet the needs of child
victims and their non-offendinQ familv members The CAC currentlv Drovides onsite sexual assault
exams bv hiQhlv tramed Sexual Assault Nurse Examiners (SANEs) The Rainbow Room is an
emerqencv resource room for children involved in CPS investigations and for children beinq Placed
in foster care Other services include but are not limited to: court accom animerrt assistance with
Crime Victim's Comnensation claims and mental health referrals The CAC has also established a
Druq Endangered Children (DEC) aroqram to work with children who suffer ahvsical or emotional
nsk as a_ result of illegal druq use manufacturinq cultivation or distribution
n-_.z_,.~ cnnino