Item 4I41-1
CITY OF
SOUTH LAKE
MEMORANDUM
August 31, 2021
TO: Shana K. Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve Community Services Agreement with Southlake
Historical Society for the term October 1, 2021 — September 30,
2024
Action Requested: City Council approval of the Community Services Agreement
with Southlake Historical Society for the term October 1, 2021
— September 30, 2024.
Background
Information: The City works with non-profit community organizations such
as the Southlake Historical Society 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 agreement with SHS is for a three-year period, October
1, 2021 — September 30, 2024. The 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 the Southlake Historical Society website and act as
the local historical society for Southlake.
The proposed agreement mirrors their previous agreement
with the exception of the following changes:
• Change the reporting requirement to an annual report
with a detailed budget sheet at the end of each fiscal
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
41-2
Shana K. Yelverton, City Manager
Meeting Date — September 7, 2021
Page 2of3
year, instead of an annual report at the end of each
calendar year.
Remove the City's requirement to publish information
about Southlake Historical Society in the quarterly
editions of the Experience Southlake Magazine, as the
magazine is no longer published.
In consideration for the services rendered by Southlake
Historical Society on behalf of Southlake citizens, the City
agrees to an annual payment of $5,000 to Southlake
Historical Society which will be dispersed by November 1st of
each year.
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 2022 General Fund annual budget and will
also be included in subsequent budget proposals for FY 2023
and FY 2024 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: Southlake Historical Society has reviewed the proposed
agreement and been notified of the board and city council
approval process.
City Council consideration September 7, 2021
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
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
41-3
Shana K. Yelverton, City Manager
Meeting Date — September 7, 2021
Page 3of3
Supporting
Documents:
Proposed Southlake Historical Society Community
Services Agreement
Staff
Recommendation: City Council approval of the Community Services Agreement
with Southlake Historical Society for the term October 1, 2021
— September 30, 2024.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
AGREEMENT BETWEEN
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 a Renewal 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 AND SHS STAFF CONTACTS
SHS and the City shall both provide staff liaisons as outlined in the attached Appendix,
Section A.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
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Southlake Historical Society
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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 the 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 Milenka Lopez, 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
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
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
Southlake Historical Society
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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 Agreement shall be for a period beginning October 1, 2021 and
ending September 30, 2024. This Agreement may be renewed for up to one
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, 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 Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
41-7
Southlake Historical Society
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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.
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.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
Southlake Historical Society
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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 , 202_.
CITY OF SOUTHLAKE
Mayor, City of Southlake
ATTEST:
Amy Shelley, TRMC
City Secretary
SOUTHL=23niRCIA29U
SOCIETY
_
President, Southlake Historical Society
Approved as to form and legality:
City Attorney
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
Southlake Historical Society
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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: 817-223-9606
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.
a. Name: Milenka Lopez
b. Title: Assistant to the Director of Community Services
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
41-10
Southlake Historical Society
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c. Phone: (817) 748-8963
d. Email Address: mlopez(aci.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 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.
5. 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.
6. 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.
7. Provide at no cost to SHS in accordance with current policies and guidelines,
the use of City facilities, excluding The Marq Southlake, 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.
8. Provide to SHS 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.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 9105D32B-AE93-4DB4-A65B-F98793B544E7
41-11
Southlake Historical Society
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SECTION B
PERFORMANCE AND QUALITY MEASURES
SHS will provide the services described in the Appendix, Section A, in a professional
manner throughout the entire term of the agreement. In evaluating SHS's performance
pursuant to Section 8 of this Agreement, the City will determine whether SHS has met the
following performance measures:
A. The SHS organization will track attendance and participation at SHS events it
provides the community throughout the year and provide that information to city
staff at the end of each fiscal year.
B. SHS will provide an assessment of value that their program created in the
community for the period of the contract at the end of each fiscal year.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork