Item 4J CITY OF 4J _ 1
SOUTHLAKE
MEMORANDUM
August 29, 2016
TO: Shana Yelverton, City Manager
FROM: Kate Meacham, Deputy Director of Community Services
SUBJECT: Approve Community Services Agreement with Southlake
Community Band
Action
Requested: City Council approval of the Community Services Agreement with
Southlake Community Band for October 1, 2016-September 30,
2019.
Background
Information: The City's present community services agreement with Southlake
Community Band to provide opportunities for entertainment and
musical education for Southlake citizens in an effort to increase
local appreciation of the arts will expire September 30, 2016.
The proposed Community Services Agreement with Southlake
Community Band is a standard agreement and is the same
agreement entered into previously with Southlake Community
Band. The agreement is for three years, October 1, 2016 through
September 30, 2019.
Southlake Community Band (originally known as Lake Cities Band)
first received funding of $1,000 from the City in 1995 for services
rendered to the community. From 1996 — 2001 the band received
annual funding of $4,000. The funding was increased in 2002 to
$5,000 and to $7,000 in 2007. The band requested a $2,000/year
increase in FY 2014 and currently receives $9,000/yr. The
proposed community services agreement under consideration is for
$9,000/year and represents no increase from the previous fiscal
year. The City's community service agreement payment of
$9,000/year represents about 75% of the Band's annual budget,
the remainder being raised by the Band.
During FY 2015, Southlake Community Band conducted 93
separate events, including concerts for City events such as Stars &
Stripes, Home for the Holidays, Seniors Starlight Ball, and
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4J - 2
Shana Yelverton, City Manager
Meeting Date—September 20, 2016
Page 2 of 3
opportunities for citizens to participate in practices, rehearsals and
community performances, resulting in 5,922 participant-hours of
activities for Southlake citizens. Southlake Community Band
provides these services to Southlake citizens on an approximate
annual operating budget of $12,000. The City receives services of
65 musicians, their equipment, transportation, time and logistics for
the Concert Band and the band provides its own sound system in
most cases including a sound engineer and setup crew. When the
Swing Band performs, it consists of a full 17-piece jazz orchestra, a
jazz vocalist, a hired director, a full audio equipment setup and
formal attire for participants.
The services provided by Southlake Community Band are not
offered by the City. Estimates to hire any other semi-professional
Concert Band or Swing Bands available locally is approximately
$2,000/per event or more.
A copy of the proposed Southlake Community Band agreement
detailing the organization's scope of services and the City's
obligations is attached.
Financial
Considerations: The proposed FY2017 Community Services division budget has
funding allocated for community services agreements and the
$9,000 for Southlake Community Band is within the budgeted
amount to be approved by City Council in September. Subsequent
budget proposals will include the funding allocation as required by
the term of the agreement. Payment to Southlake Community Band
is dependent upon annual approval of the proposed budget.
Strategic Link: Approval of the Agreement is linked to the City's Strategy Map
Focus Areas of Performance Management and Service Delivery
and Partnerships & Volunteerism and meets the corporate
objectives to Collaborate with Select Partners to Implement Service
Solutions, Enhance the Sense of Community by Providing Excellent
Customer Service and Citizen Engagement Opportunities, and
Promote Opportunities for Partnerships & Volunteer Involvement.
Citizen Input/
Board Review: No citizen input has been received; approval not subject to any
board review.
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
4J - 3
Shana Yelverton, City Manager
Meeting Date—September 20, 2016
Page 3 of 3
The Southlake Community Band has reviewed the proposed
agreement and has offered no substantive changes to the
agreement.
City Council consideration September 20, 2016
Legal Review: The Agreement was modeled after the standard community
services agreement used previously and that has been reviewed by
the City Attorney.
Alternatives: Alternatives may include the following:
• Approve proposed Community Services Agreement as
presented
• Approve proposed Community Services Agreement with
input as desired
• Decision not to renew the proposed Community Services
Agreement
Supporting
Documents:
• Southlake Community Band Community Services Agreement
Staff
Recommendation: City Council approval of the Community Services Agreement with
Southlake Community Band for October 1, 2016-September 30,
2019.
City of Southlake Values.-
Integrity
alues.Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
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AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE COMMUNITY BAND
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 "City"), and Southlake Community Band, a non-profit corporation of
Texas, acting by and through its duly authorized President (hereinafter referred
to as the "Band"), an organization exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code.
WHEREAS, the mission of the Band is to provide support for a strong
local arts program through local concert events which help provide a focus for the
expansion of other arts programs in the City of Southlake; and
WHEREAS, City and the Band desire to enter into a Renewal Agreement
whereby the Band will continue to provide citizens access to participate in the
arts, free concert events, and concert scheduling;
NOW, THEREFORE, City and the Band, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
I A. Band shall provide the services as outlined in the attached Appendix,
{ Section A.
B. City shall provide services and funding as outlined in the attached
Appendix, Section A.
SECTION 2
CITY AND BAND STAFF CONTACTS
The Band and the City shall both provide staff liaisons as outlined in the attached
Appendix, Section A and Section B.
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Community Services Agreement with Southlake Community Band
City Council Meeting—September 20, 2016
Page 2 of 7
SECTION 3
GOVERNANCE
The Band 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 Band board
of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the Band and their support for the
local arts rather than provide such service, City agrees to an annual payment to
be paid to the Band in the amount of $9,000 to be dispersed annually on
November 1 of each year. Payment is subject to City Council budget
authorization.
Payment by the City shall be applied by the Band as described in the attached
Appendix, Section A.
SECTION 6
REPORTING
A. The Band shall generate and provide to Kate Meacham, Deputy Director
of Community Services of the City, quarterly 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 Band to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
BAND 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 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 SOUTHLAKE
COMMUNITY BAND, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE
PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SOUTHLAKE
COMMUNITY BAND 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
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Community Services Agreement with Southlake Community Band
City Council Meeting—September 20, 2016
Page 3of7
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, the Band 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 three year period beginning
October 1, 2016 and ending September 30 2019. This agreement may be
renewed for up to three 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 the Band ceases to provide services under this
agreement, the Band 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 performance or injunctive relief. All other remedies,
including suits for damages and recovery of attorney's fees are specifically
waived by both parties.
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Community Services Agreement with Southlake Community Band
City Council Meeting—September 20, 2016
Page 4 of 7
SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's 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. The Band, its mission and the services outlined on
page 1 of the agreement, link to the City's strategy through the following strategic
objectives:
• C5 Promote opportunities for partnerships and volunteer involvement
• C6 Enhance the sense of community by providing excellent customer
service and citizen engagement opportunities
• B2 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
putting
in
inaction while p 9 interests of the taxpayer the i t p y
er 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
i 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.
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Community Services Agreement with Southlake Community Band
City Council Meeting—September 20, 2016
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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 and the Band have executed this Agreement
as of this day of , 201
Mayor, City of Southlake
/. AP -- aA VA4'.
Ken McMillan
President
Southlake Community Band
Attest:
Lori Payne, TRMC
City Secretary
Approved as to form and legality:
k
i�
City Attorney
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Community Services Agreement with Southlake Community Band
City Council Meeting —September 20, 2016
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AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE COMMUNITY BAND
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this agreement, the Band
shall provide the following services:
1. The Band staff contact person to serve as a liaison between the Band
and the City:
a. Name: Ken McMillan
b. Title: President
c. Phone: 817.455.3054
d. Email Address: kenmcmillan(),outlook.com
2. Perform at least 8 concert events free to the public annually. Proposed
events include but are not limited to: Fall Concert, Home for the
Holidays, Winter Holiday Concert, Guest Artist Concert, Annual Young
Peoples Concert, Stars and Stripes City of Southlake July 4th
Celebration, other concerts at Town Square, and Art in the Square. A
list of proposed concerts will be provided to staff at the beginning of the
CS agreement period.
3. Scheduling of concerts and make up concerts, if necessary, will be by
agreement of the City Community Services Director and the Band
President.
4. Provide a creative arts program for music appreciation which is open to
the public.
5. Present an update to the Southlake Arts Council quarterly or as is
necessary.
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
the Band. The City liaison shall be apprised by the Band of all Band
board meetings, the Band shall forward a copy of the agenda prior to
the meeting, and the City liaison may participate with the Band board
at all scheduled meetings.
a. Name: Kate Meacham
b. Title: Deputy Director Community Services
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Community Services Agreement with Southlake Community Band
City Council Meeting —September 20, 2016
Page 7 of 7
c. Phone: 817.748.8018
d. Email Address: kmeacham6@,ci.southIake.tx.us
2. Provide a presence on the www.cityofsouthiake.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 Soufhlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
5. Provide access to the City's logo for use by the Band. Such use is
subject to review and approval by the City's Communication and
Websites Manager.
6. Provide at no cost to the Band in accordance with current policies and
guidelines, the use of City facilities for events and meetings directly
related to the Band 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 the Band's performance pursuant to Section 8 of this
agreement, the City will determine whether the Band has met the following
performance measures:
1. The Band will track attendance at concerts they provide throughout the
year and provide that information to city staff at the end of each
calendar quarter.
2. The Band 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.
3. The Band will track attendance and participation in the creative arts
programming it provides the community and will provide that
information to city staff at the end of the calendar quarter.