Item 4F
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
September 11, 2018
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve renewal of Community Services Agreement with Arts
Council Northeast for the term October 1, 2018 – September
30, 2021
___________________________________________________________
Action Requested: City Council approval of the Community Services
Agreement with Arts Council Northeast for the term October
1, 2018 – September 30, 2021.
.
Background
Information: The City works with non-profit community organizations such
as Arts Council Northeast to provide important social,
educational, economic and cultural programs and services to
Southlake citizens and businesses. Having a Community
Services Agreement in place allows for these services to be
provided without the City having to fund additional personnel
and capital investments, as well as the ongoing
administrative and operational expenses that would be
required to provide these services to the community.
The renewal agreement with Arts Council Northeast is for a
three year period, October 1, 2018 – September 30, 2021.
Arts Council Northeast will provide a minimum of six (6) and
a maximum (10) concert events free to the public for the
term of the agreement. Actual number of concerts will be
dependent upon schedule requests and market
pricing. 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.
The proposed agreement mirrors their previous agreement
with the exception of the following changes:
Change number of concerts from eight (8) to “A
minimum of six (6) and a maximum of ten (10)
events.” This change gives staff the flexibility to
coordinate with Arts Council North East in providing
4F - 1
Shana Yelverton, City Manager
Meeting Date – September 18, 2018
Page 2 of 3
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
events that are high quality and fit the summer
schedule. By including a range, fewer, higher quality
concerts may be provided in lieu of more frequent
concerts. The actual number of concerts will be
dependent upon schedule and market pricing.
Require annual reporting instead of quarterly reports,
mirroring the reporting structure for other Community
Services Agreements.
Address use of the City facilities at The Marq
Southlake. Arts Council Northeast will be able to
continue to utilize Aria at The Marq Southlake for
Master Works concerts. Additional request for
reservations at The Marq Southlake shall follow
current reservation procedures and fee schedule as
outlined in the City’s Fee Schedule.
In consideration for the services rendered by Arts Council
Northeast on behalf of Southlake citizens, the City agrees to
an annual payment of $22,000 to Arts Council Northeast
which will be dispersed by November 1st of each year. Final
payment amount is subject to City Council authorization.
A copy of the Community Services Agreement, detailing the
organization’s scope of services and the City’s obligations,
and highlighting the proposed changes is attached.
Financial
Considerations: Funding for the Community Services Agreement is included
in the proposed FY 2019 annual budget, and will also be
included in subsequent budget proposals for FY 2020 and
FY 2021 as required by the term of the agreement.
Strategic Link: This item is linked to the City’s Strategy 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.
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Shana Yelverton, City Manager
Meeting Date – September 18, 2018
Page 3 of 3
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Southlake Arts Council recommended approval (5-0) August
28, 2018
City Council consideration September 18, 2018
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 approve the Community Services
Agreement as presented
City Council approve the Community Services
Agreement with input as desired.
City Council 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, 2018 –
September 30, 2021.
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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 “City”), and the Arts Council Northeast, a non-profit corporation of
Texas, acting by and through its duly authorized Executive Director (hereinafter
referred to as “ARTS COUNCIL NORTHEAST”), an organization exempt from
taxation under Section 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.
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.
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Community Services Agreement with Arts Council Northeast
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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,
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 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 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
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Community Services Agreement with Arts Council Northeast
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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,
2018 and ending September 30, 2021.
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.
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.
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
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Community Services Agreement with Arts Council Northeast
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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 City’s strategy through the following
strategic objectives:
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.
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.
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Community Services Agreement with Arts Council Northeast
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This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and ARTS COUNCIL NORTHEAST have
executed this Agreement as of this _______ day of ____________________,
201__.
CITY OF SOUTHLAKE
_________________________
Mayor, City of Southlake
ATTEST:
Carol Ann Borges, TRMC
City Secretary
ARTS COUNCIL NORTHEAST
_________________________
Chairman of the Board,
Arts Council Northeast
Approved as to form and legality:
City Attorney
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Community Services Agreement with Arts Council Northeast
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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: Bobbie McFarland
b. Title: V.P. Operations
c. Phone: 817-283-3406
d. Email Address: bmcfarland@artsocouncilnortheast.org
2. Perform minimum of six (6) and a maximum of ten (10) concert events
free to the public between October 1 and September 30 annually, for
the term of the agreement. Actual number of concerts will be
dependent upon schedule requests and market pricing. 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 City’s Community Services Director and ARTS
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 participate with the ARTS COUNCIL NORTHEAST
board at all scheduled meetings.
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Community Services Agreement with Arts Council Northeast
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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 and/or
www.experiencesouthlaketexas.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 and/or
www.experiencesouthlaketexas.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 Experience Southlake magazine
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 ARTS COUNCIL
NORTHEAST. Such use is subject to review and approval by the City’s
Deputy Director of Communications.
6. Provide at no cost to ARTS COUNCIL NORTHEAST in accordance
with current policies and guidelines, the use of City facilities , excluding
The Marq Southlake, for events and meetings directly related to ARTS
COUNCIL NORTHEAST business. ARTS COUNCIL NORTHEAST
may utilize Aria at The Marq Southlake for the MasterWorks Concert
Series. Requests for use of City facilities shall follow current
reservation procedures as outlined in the Facility Use Policy.
7. Provide to ARTS COUNCIL NORTHEAST in accordance with current
policies, guidelines and reservation fee schedule, for the use of City
facilities at The Marq Southlake. Requests for reservations at The
Marq Southlake shall follow current reservation procedures and fee
schedule as outlined in the City’s Fee Schedule.
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:
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Community Services Agreement with Arts Council Northeast
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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 year.
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.
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