Item 4E
4E - 1
M E M O R A N D U M
September 8, 2015
TO: Shana K. Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
Approve Community Services Agreement with Arts Council
SUBJECT:
Northeast
___________________________________________________________
Action Requested:
City Council approval of the Community Services
Agreement with Arts Council Northeast (formerly
ARTSNET) for the term October 1, 2015 September 30,
2018
.
Background
Information:
The renewal agreement with Arts Council Northeast is for a
three year period, October 1, 2015 September 30, 2018.
Arts Council Northeast will provide a minimum of eight (8)
concert events free to the public for the term of the
agreement. Proposed events include, but are not limited to,
the Annual Southlake MasterWorks Music Series in Town
Square. Community Services staff will work with Arts Council
Northeast to develop the proposed performances.
In consideration for the services rendered by Arts Council
Northeast on behalf of Southlake citizens, the City agrees to
anannual payment of $22,000 to Arts Council Northeast
st
which will be dispersed by November 1 of each year. Final
payment amount is subject to City Council authorization.
A copy of the Community Services Agreement, detailing the
orgais
attached.
Financial
Considerations:
Funding for the Community Services Agreement is included
in the proposed FY 2016 annual budget, and will also be
included in subsequent budget proposals for FY 2017 and
FY 2018 as required by the term of the agreement.
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 2
Page 2 of 10
Funding for the Community Services Agreement remains the
same as the previous agreement, and there is no increase in
funding requested.
Strategic Link
: tegy Map through the
following strategic objectives: promote opportunities for
partnerships and volunteer involvement and collaborate with
select partners to implement service solutions.
Citizen Input/
Board Review:
Arts Council Northeast has reviewed the proposed
agreement and been notified of the board and city council
approval process.
Southlake Arts Council recommended approval (5-0) August
4, 2015
City Council consideration September 15, 2015
Legal Review:
The Agreement was modeled after the standard Community
Services Agreement utilized by the City and reviewed by the
City Attorney.
Alternatives:
Alternatives may include the following:
Approve the Community Services Agreement as
presented
Approve the Community Services Agreement with input
as desired.
Decision not to renew the proposed Community Services
Agreement
Supporting
Documents:
Proposed Arts Council Northeast Community Services
Agreement
Staff
Recommendation:
City Council approval of the Community Services
Agreement with Arts Council Northeast for the term October
1, 2015 September 30, 2018
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 3
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AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT
is entered into by and between the City of Southlake, Texas,
a home rule municipal corporation located in Tarrant County and Denton County,
Texas, acting by and through its duly authorized Mayor (hereinafter referred to as
the Arts Council Northeast, a non-profit corporation of Texas, acting by and
through its duly authorized Executive Director ARTS
COUNCIL NORTHEAST
501(c)(3) of the Internal Revenue Code.
WHEREAS
, the mission of ARTS COUNCIL NORTHEAST is to encourage,
support and facilitate artistic cultural opportunities within the communities of North
Tarrant County; and
WHEREAS
, City and ARTS COUNCIL NORTHEAST desire to enter into a
Renewal Agreement whereby ARTS COUNCIL NORTHEAST will continue to provide
assistance for art related projects and programs, youth summer art programs, art
classes, citizen access to the arts, community cultural events, and educational
programs while also offering free concerts and concert scheduling;
NOW, THEREFORE,
City and ARTS COUNCIL NORTHEAST, in consideration
of the mutual undertakings hereunder set forth, do hereby covenant and agree as
follows:
SECTION 1
SCOPE OF SERVICES
A. ARTS COUNCIL NORTHEAST shall provide the services as outlined in the
attached Appendix, Section A.
B. City shall provide services as outlined in the attached Appendix, Section A.
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 4
Page 4 of 10
SECTION 2
CITY AND ARTS COUNCIL NORTHEAST STAFF CONTACTS
ARTS COUNCIL NORTHEAST and the City shall both provide staff liaisons as outlined
in the attached Appendix, Section A.
SECTION 3
GOVERNANCE
ARTS COUNCIL NORTHEAST shall be solely governed by its board of directors, who
shall meet in accordance with the bylaws and articles of incorporation. The time, date,
place and agenda of these board meetings shall be the responsibility of the ARTS
COUNCIL NORTHEAST board of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the ARTS COUNCIL NORTHEAST and
their art initiatives rather than provide such service, City agrees to an annual payment to
be paid to ARTS COUNCIL NORTHEAST in the amount of $22,000 to be dispersed
annually on November 1 of each year. Final payment amount is subject to City Council
budget authorization.
Payment by the City shall be applied by ARTS COUNCIL NORTHEAST as described in
the attached Appendix, Section A.
SECTION 5
REPORTING
A. ARTS COUNCIL NORTHEAST shall generate and provide to Cassie Tucker,
Assistant to the Director of Community Services of the City, a quarterly report
regarding the performance measures outlined in the attached Appendix, Section
B.
B. The City shall have the right to review the books and records kept incident to the
services provided by ARTS COUNCIL NORTHEAST to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
ARTS COUNCIL NORTHEAST AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 5
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LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT ACT OR OMISSION OF ARTS COUNCIL NORTHEAST, ITS OFFICERS,
EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS
AGREEMENT. ARTS COUNCIL NORTHEAST SHALL NOT BE REQUIRED TO
INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY
DAMAGES OR LIABILITY FOUND BY A COURT TO HAVE ARISEN FROM THE
NEGLIGENT ACT OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS OR
EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE
COVERAGES.
SECTION 7
INDEPENDENT CONTRACTOR
In performing the services hereunder, ARTS COUNCIL NORTHEAST is acting as an
independent contractor, and shall not be deemed an employee, agent or partner of the
City. City shall have no power to direct or supervise its activities in carrying out its
responsibilities under this Agreement. Neither party shall have the authority to make
binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
A. The term of this Agreement shall be for a period beginning October 1, 2015 and
ending September 30, 2018. This Agreement may be renewed for up to two
successive three-year periods beginning on October 1 and ending on September
30 of each year upon written agreement by both parties and annual budget
approval by the Southlake City Council.
B. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in the
attached Appendix, Section B.
C. Notwithstanding any provision herein to the contrary, either party may terminate
this Agreement upon 30 days written notice to the other. Upon termination, or if
ARTS COUNCIL NORTHEAST ceases to provide services under this
Agreement,ARTS COUNCIL NORTHEAST shall return to the City any
unexpended funds paid pursuant to this Agreement.
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 6
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SECTION 9
NO WAIVER OF GOVERNMENTAL IMMUNITY
Notwithstanding any provision of this Agreement to the contrary, nothing
contained in this Agreement shall be construed to limit or waive any governmental or
sovereign immunity of the City, or any immunity applicable to its officers, agents,
servants or employees. To the extent there may be a waiver of immunity under state
law, the remedies available to enforce this Agreement are limited to mandamus, specific
performance or injunctive relief. All other remedies, including suits for damages and
recovery o
SECTION 10
CITY OF SOUTHLAKE STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
ability to define and execute its strategy. Effective strategic management systems
provide the mechanism to link the mission, strategy, department goals, citizen
perceptions, and service delivery efforts in a continuous feedback loop.Arts Council
Northeast, its mission and the services outlined in the attached Appendix, link to the
Promote opportunities for partnerships and volunteer involvement
Collaborate with select partners to implement service solutions
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the mission
and vision. All business conducted with the City shall adhere to the City's organizational
values as described below:
Integrity:
Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all times.
Innovation:
Valuing progressive thinking, creativity, flexibility and adaptability
in service delivery.
Accountability:
Taking personal responsibility for our actions or inaction
while putting the interests of the taxpayer first.
Commitment to Excellence:
Behaving responsively in our delivery of service
to the public. Our work is characterized by its quality and by the diligence with
which it is carried out. We proactively seek to solve problems in advance.
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 7
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Teamwork:
Recognizing the importance of working together to meet our
citizen's needs, communicating clearly, sharing resources and information
freely.
The values set forth in Section 11 are goals to which City officials, staff and employees
are expected to adhere to in activities concerning this Agreement. While perceived
failure to adhere to, comply with, or take action consistent with these values should be
reported to an appropriate City official, staff member, or employee, such action or failure
to act shall not be considered a breach of this Agreement.
SECTON 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no modification
shall be effective unless reduced to writing and signed by the part to be changed
therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF
the City andARTS COUNCIL NORTHEAST have executed
this Agreement as of this _______ day of ____________________, 201__.
CITY OF SOUTHLAKE
_________________________
Mayor, City of Southlake
ATTEST:
Lori Payne, TRMC
City Secretary
ARTS COUNCIL NORTHEAST
_________________________
President, Arts Council Northeast
Approved as to form and legality:
City Attorney
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
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AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, ARTS COUNCIL
NORTHEAST shall provide the following services:
1. ARTS COUNCIL NORTHEAST staff contact person to serve as a liaison
between the ARTS COUNCIL NORTHEAST and the City:
a. Name: Lee Koch
b.Title: President
c. Phone: 817.283.3406
d. Email Address: lkoch@artscouncilnortheast.org
2. Perform a minimum of eight (8) concert events free to the public between
October 1 and September 30 annually, for the term of the agreement.
Proposed events include, but are not limited to, the annual Southlake
MasterWorks Music Series in Town Square. Community Services staff will
work with ARTS COUNCIL NORTHEAST to develop proposed performances
and the Southlake Arts Council will review the proposed line up each year.
3. Scheduling of concerts and make up concerts, if necessary, will be by
agreement of the CityandARTS COUNCIL
NORTHEAST.
4. Provide citizens access and opportunity to participate in the arts, support
community cultural events, and provide educational programs to both children
and adults in the community at no charge
B. In addition to payment described in Section 4 of this Agreement, City shall:
1. Provide a staff contact person to serve as a liaison between City and ARTS
COUNCIL NORTHEAST. The City liaison shall be apprised by ARTS
COUNCIL NORTHEAST of all ARTS COUNCIL NORTHEAST board
meetings, ARTS COUNCIL NORTHEAST shall forward a copy of the agenda
for each meeting prior to any scheduled meetings, and the City liaison may
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 9
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participate with the ARTS COUNCIL NORTHEAST board at all scheduled
meetings.
a. Name: Cassie Tucker
b. Title: Assistant to the Director of Community Services
c. Phone: 817.748.8036
d. Email Address: ctucker@ci.southlake.tx.us
2. Provide a presence on www.CityofSouthlake.com which is limited to:
a. One information page which includes organization name, mission, contact
information and link to organization website; and
3. Consider posting information contained in press releases on
www.MySouthlakeNews.com and/or www.CityofSouthlake.com. Any and all
information in such press releases will be subject to review and possible
revision prior to posting.
4. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information and
link to organization website.
5. ARTS COUNCIL NORTHEAST.
Communications.
6. Provide at no cost to ARTS COUNCIL NORTHEAST in accordance with
current policies and guidelines, the use of City facilities for events and
meetings directly related to ARTS COUNCIL NORTHEAST business.
Requests for use of City facilities shall follow current reservation procedures
as outlined in the Facility Use Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
In evaluating ARTS COUNCIL NORTHEAST performance pursuant to Section 8 of this
Agreement, the City will determine whether ARTS COUNCIL NORTHEAST has met the
following performance measures:
A. The ARTS COUNCIL NORTHEAST organization will track attendance at
concerts they provide throughout the year and provide that information to city
staff at the end of each calendar quarter.
City of Southlake Values:
Shana K. Yelverton, City Manager
Meeting Date September 15, 2015
4E - 10
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B. ARTS COUNCIL NORTHEAST will provide an assessment of value that their
program created in the community for the period of the contract at the end of
each calendar year.
C. ARTS COUNCIL NORTHEAST will track attendance and participation in the arts
programming it provides the community and will provide that information to city
staff at the end of the calendar quarter.
City of Southlake Values: