Item 4B CITY OF
SOUTHLAKE 4s - 1
MEMORANDUM
October 10, 2016
TO: Shana K. Yelverton, City Manager
FROM: Cassie Tucker, Assistant to the Director of Community Services
SUBJECT: Approve Community Services Agreement with Southlake
Historical Society
Action Requested: City Council approval of an amended Community Services
Agreement with Southlake Historical Society (SHS) for a
term to expire September 30, 2018.
Background
Information: The City partners with various non-profit organizations to
provide social, educational, economic and cultural programs
and services for Southlake citizens and businesses. These
partnerships allow the City to provide certain services to the
community without having to fund additional personnel and
capital investments, as well as the ongoing administrative
and operational expenses these services would require.
The purpose of this item is to consider an amended
Community Services Agreement with Southlake Historical
Society. The existing agreement with SHS, approved in Sept
2015 was for the term October 1, 2015 — September 30,
2018, and did not include any City funding for SHS's
community initiatives. SHS recently requested City funding
of $5,000/year in the FY 2017 budget, which City Council
approved by Ordinance No. 1162 on September 20, 2016.
Therefore an amended Agreement is presented for approval
at this time. The amended agreement is for the same three
year period originally approved, October 1, 2015 —
September 30, 2018.
Since the inception of the Southlake Historical Society in
1992, it has been active in Southlake providing community
initiatives for historical programs, events, research and
educational resources for citizens of Southlake and visitors.
The City's funding of $5,000 annually will assist with these
important community events and programs. The City's first
City of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 2
Page 2 of 3
formal community services agreement with Southlake
Historical Society was in 2003.
The proposed Community Services Agreement with
Southlake Historical Society will provide (5) community
events to the public annually, including the annual Cemetery
Tour; three (3) log house events and one (1) major event or
exhibit each year through the term of the agreement.
Additionally, Southlake Historical Society will manage and
maintain their own SHS website, act as the local historical
society for Southlake and provide educational and
entertaining community programs for Southlake citizens. The
City will provide a staff contact person to serve as a liaison
between City and SHS, presence on the City's website,
provide limited, secure storage space for historically
significant items and allow SHS use of City facilities for
events and meetings directly related to SHS business.
A copy of the amended Community Services Agreement,
detailing the organization's scope of services and the City's
obligations is attached.
Financial
Considerations: Funding for the Community Services Agreement is included
in the approved FY 2017 annual budget, and will also be
proposed in subsequent budget proposals for FY 2018 as
required by the term of the agreement.
Strategic Link: This item is linked to the City's Strategy Map related to the
Focus Area of Partnerships & Volunteerism, and meets the
Corporate Objectives to Promote opportunities for
partnerships & volunteer involvement and Enhance resident
quality of life & business vitality through tourism
Citizen Input/
Board Review: Southlake Historical Society has reviewed and accepts the
terms of the agreement.
City Council consideration October 18, 2016
City of Southlake Values.-
Integrity
alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 3
Page 3 of 3
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 Community Services Agreement
Staff
Recommendation: City Council approval of the amended Community Services
Agreement with Southlake Historical Society to include
funding in the amount of$5,000/year.
City of Southlake Values.-
Integrity
alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
AGREEMENT BETWEEN 4B - 4
CITY OF SOUTHLAKE
AND
SOUTHLAKE HISTORICAL SOCIETY
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 Historical Society, a non-profit corporation of Texas, acting by
and through its duly authorized President (hereinafter referred to as "SHS"), an
organization exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code.
WHEREAS, the mission of SHS is to provide a dedication to archiving historical
materials including scanning historical photos, gathering oral history interviews, helping
in the research of both family and area business histories, developing programs for
teachers and students, and working as the community advocacy group to preserve and
protect Southlake's history; and
WHEREAS, City and SHS desire to enter into an amended Agreement whereby
SHS will continue to provide educational and motivational programs to improve the
understanding of items, places and persons of historical significance in and around
Southlake for the enhancement of the City;
NOW, THEREFORE, City and SHS, in consideration of the mutual undertakings
hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. SHS 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 of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 5
Page 2 of 8
CITY AND SHS STAFF CONTACTS
SHS and the City shall both provide staff liaisons as outlined in the attached Appendix,
Section A.
SECTION 3
GOVERNANCE
SHS 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 SHS board of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support SOUTHLAKE HISTORICAL SOCIETY
and their historical initiatives rather than provide such service, City agrees to an annual
payment to be paid to SOUTHLAKE HISTORICAL SOCIETY in the amount of$5,000 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 SOUTHLAKE HISTORICAL SOCIETY as
described in the attached Appendix, Section A.
SECTION 5
REPORTING
A. SHS 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 Historical Society to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
SHS 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
City of South/ake Values.-
Integrity
alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 6
Page 3 of 8
ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS), ARISING OUT
OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT ACT
OR OMISSION OF SHS, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE
PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. SHS 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, SHS 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 amended 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
SHS ceases to provide services under this Agreement, SHS 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,
City of Southlake Values.-
Integrity
alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 7
Page 4 of 8
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.
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. SHS, its mission
and the services, outlined on page 1 of the agreement, link to the City's strategy through
the following strategic objectives:
• C3 Provide attractive and unique spaces for the enjoyment of personal
interests
• C5 Promote opportunities for partnerships and volunteer involvement
• B3 Enhance resident quality of life and business sustainability through
tourism
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.
City of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 8
Page 5 of 8
The values set forth in Section 10 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.
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 SHS have executed this Agreement as of this
day of ) 201—.
CITY OF SOUTHLAKE
Mayor, City of Southlake
ATTEST:
Lori Payne, TRMC
City Secretary
SOUTHLAKE HISTORICAL SOCIETY
President, Southlake Historical Society
Approved as to form and legality:
City Attorney
City of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B - 9
Page 6 of 8
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE HISTORICAL SOCIETY
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, SHS shall
provide the following services:
1. SHS staff contact person to serve as a liaison between SHS and the City:
a. Name: Connie Cooley
b. Title: President
c. Phone:
d. Email Address: cecooley@verizon.net
2. SHS shall manage and maintain their own SHS website; however, they may,
at times, prepare and propose SHS content for inclusion on the City of
Southlake website, subject to the City approval. Any additional services
related to the preparation, formatting, and arrangement of SHS material on
the city website shall be at the discretion of the Director of Community
Services or his designee.
3. Maintain local membership and act as the local historical society for
Southlake.
4. Provide five (5) community events to the public annually, for the term of the
agreement. Proposed events include, but are not limited to, the annual
Cemetery Tour, three (3) log house events and one (1) major event or exhibit.
Community Services staff will work with SOUTHLAKE HISTORICAL
SOCIETY to develop proposed events and the Community Services staff will
review the proposed line up each year.
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 SHS.
The City liaison shall be apprised by SHS of all SHS board meetings, SHS
shall forward a copy of the agenda for each meeting prior to any scheduled
meetings, and the City liaison may participate with the SHS board at all
scheduled meetings.
City of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B _ 10
Page 7 of 8
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. The City liaison shall be notified by SHS of any events to be held at the Log
Cabin. SHS shall forward via email event information to include the event
date, time and expected attendance. Such notification shall be provided thirty
(30) days prior to each event.
3. Provide lockable, storage space at the Department of Community Services'
storage building, located at the City's Service Center, 1950 E. Continental
Blvd., Southlake, Texas 76092, or other location as deemed appropriate by
the Director of Community Services.
4. Provide a presence on www.CitvofSouthlake.com which is limited to:
a. One information page which includes organization name, mission, contact
information and link to organization website.
5. Consider posting information contained in press releases on
www.MySouthlakeNews.com and/or www.CitvofSouthlake.com. Any and all
information in such press releases will be subject to review and possible
revision prior to posting.
6. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information and
link to organization website.
7. Provide access to the City's logo for use by SHS. Such use is subject to
review and approval by the City's Communications & Website Manager.
8. Provide at no cost to SHS in accordance with current policies and guidelines,
the use of City facilities for events and meetings directly related to SHS
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 SHS's performance pursuant to Section 8 of this Agreement, the City will
determine whether SHS has met the following performance measures:
City of Southlake Values.-
Integrity
alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork
Shana K. Yelverton, City Manager
Meeting Date—October 18, 2016 4B _ 11
Page 8 of 8
A. SHS will provide the services described in the Appendix, Section A, in a
professional manner throughout the entire term of the agreement.
City of Southlake Values.-
Integrity
alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork