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Item 4F 4F - 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 Southlake SUBJECT: Sister Cities ___________________________________________________________ Action Requested: City Council approval of the renewal of the Community Services Agreement with Southlake Sister Cities (SSC) for a three year term to expire September 30, 2018. . Background Information: The renewal agreement with Southlake Sister Cities for your consideration today is for a three year period, October 1, 2015 September 30, 2018. Southlake Sister Cities will act as the official liaison between Southlake sister cities and friendship cities, will host visitors from the sister cities and friendship cities, promote the sister cities program and represent Southlake on exchange trips. In addition, the City shall provide a staff contact person to serve as a liaison between the City and SSite, publish organization information in the Southlake Scene, and provide at no cost to SSC the use of City facilities for events and meetings directly related to SSC business. In consideration for the services rendered by Southlake Sister Cities on behalf of Southlake citizens, the City agrees to support SSC with an annual payment of $7,500 for the term of the Agreement, subject to annual approval of the operating budget by the Southlake City Council. The City has provided financial support to SSC since 2001. From 2001-2007, SSC received $1,000 annually. From 2007- 2012, they received $5,000 annually. And, they have received $7,500 since 2013. A copy of the Community Services Agreement, detailing the gations is attached. City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 2 Page 2 of 9 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. Funding for the Community Services Agreement remains the same since 2013, and there is no increase in funding requested. Strategic Link : strategic objectives Attract and keep top-tier businesses to drive a dynamic and sustainable economic environment, and Promote opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: Southlake Sister Cities has reviewed the proposed agreement and been notified of the board and city council approval process. 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: City Council approval of Agreement as presented City Council approval of Agreement with input as desired City Council decision not to renew Agreement Supporting Documents: Proposed Southlake Sister Cities Community Services Agreement Staff Recommendation: City Council approval of Council approval of the renewal of the Community Services Agreement with Southlake Sister Cities for a three year term to expire September 30, 2018. City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 3 Page 3 of 9 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE SISTER CITIES 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 -profit corporation of Texas, acting by and exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS , the mission of SSC is to provide for the fostering of global understanding, friendship and communication through education and exchange; and WHEREAS , City and SSC desire to enter into a Renewal Agreement whereby visitors, provide education regarding the sister cities, promote the Sister Cities program, and represent Southlake in exchange visits to any sister city; NOW, THEREFORE, City and SSC, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A.SSC 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. SECTION 2 CITY AND SSC STAFF CONTACTS A.SSC and the City Appendix, Section A. City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 4 Page 4 of 9 SECTION 3 GOVERNANCE A.SSC 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 SSC board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the efforts of SSC to foster global communication, understanding and friendship rather than provide such service, City agrees to an annual payment to be paid to SSC in the amount of $7,500 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 SSC as described in the attached Appendix, Section A. SECTION 5 REPORTING A. SSC shall generate and provide to Cassie Tucker, Assistant to the Director of Community Services of the City, annual reports 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 Southlake Sister Cities to the City. SECTION 6 INSURANCE AND INDEMNIFICATION SSC AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS A. OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR 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 CARS, ITS City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 5 Page 5 of 9 OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. CARS 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, SSC 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 1. 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. 2. 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. 3. 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 SSC ceases to provide services, SSC shall return to the City any unexpended funds paid pursuant to this Agreement. 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 City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 6 Page 6 of 9 performance or injunctive relief. All other remedies, including suits for damages and SECTION 10 CITY OF SOUTHLAKE STRATEGIC LINK The City has adopted a Strategic Management System 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. SSC, its mission and the services, outlined on page 1 of the agreement, through the following strategic objectives: C4 Attract and keep top-tier businesses to drive a dynamic and sustainable economic environment C5 Promote opportunities for partnerships and volunteer involvement 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. 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. City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 7 Page 7 of 9 SECTION 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 and SSC have executed this Agreement as of this _____day of ____________________, 201__. _________________________ Mayor, City of Southlake _________________________ President, Southlake Sister Cities Approved as to form and legality: City Attorney ATTEST: Lori Payne, TRMC City Secretary City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 8 Page 8 of 9 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE SISTER CITIES APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, SSC shall provide the following services: 1.SSC staff contact person to serve as a liaison between the SSC and the City: a. Name: Jeff Wang b. Title: President c. Phone: 817-371-0456 d.Email Address: jcw@argosyusa.com 2. Act as the official liaison between Southlake sister cities and friendly cities. Current sister city relationships include: Tome, Japan (Sister City), and Suzhou Wuzhong District, China (Friendly City). 3. Serve as host for visitors from Southlake Sister Cities including arrangement of overnight accommodations, meals, touring, transportation, official receptions, etc. 4. Promote the Southlake Sister Cities program to the citizens of Southlake. 5. Represent Southlake in exchange visits to Southlake Sister Cities. 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 SSC. The City liaison shall be apprised by SSC of all SSC board meetings, SSC shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the SSC board at all scheduled meetings. a. Name:Cassie Tucker b. Title: Assistant to the Director of Community Services c. Phone: (817) 748-8036 City of Southlake Values: Shana K. Yelverton, City Manager Meeting Date September 15, 2015 4F - 9 Page 9 of 9 d.Email Address:ctucker@ci.southlake.tx.us 2. Provide a presence on the www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website 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.SSC. Such use is subject to 6. Provide at no cost to SSC in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to SSC 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 A. In evaluating SSCance pursuant to Section 8 of this agreement, the City will determine whether SSC has met the following performance measures: 1. SSC will act as the official liaison, represent the City, and provide the services described in the Appendix, Section A, in a professional manner throughout the entire term of the agreement. 2. SSC will develop and provide a detailed annual report on its programs and City of Southlake Values: