Item 4L - memoItem 4L-1
ICITY OF
SOUTHLAKE
MEMORANDUM
September 8, 2022
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve Community Services Agreement with Southlake
Community Band for the term October 1, 2022- September 30,
2025
Action
Requested: City Council approval of the Community Services Agreement with
Southlake Community Band for October 1, 2022 - September 30,
2025.
Background
Information: The City works with non-profit community organizations such as the
Southlake Community Band to provide important 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 the additional personnel, administrative, and
operational expenses required to provide these services to the
community.
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, 2022.
The City's proposed allocation amount of $9,720/year to the
organization for services for Southlake citizens is $720 more than the
previous Agreement of $9,000. This represents an 8% increase to
account for inflation and increased costs of providing these services
to Southlake residents.
During the last fiscal year, Southlake Community Band supported
Southlake citizens by:
Providing approximately 35 events throughout the City;
Serving over 16,000 patrons;
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4L-2
Shana Yelverton, City Manager
Meeting Date — September 20, 2022
Page 2 of 3
• Using 66 volunteers with over 1850 volunteer hours;
The proposed agreement is for three years, October 1, 2022, through
September 30, 2025.
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 year, instead
of an annual report at the end of each calendar year.
• Remove the City's requirement to publish information about
Southlake Community Band in the quarterly editions of the
Experience Southlake Magazine, as the magazine is no
longer published.
• 8% increase in annual payment, changing from $9,000 to
$9,720 annually.
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: As mentioned above, Southlake Community Band will receive
$9,720/year for the term of the Agreement. $9,720 is included in
the proposed FY 2023 annual budget and will also be included in
subsequent budget proposals as required by the term for each
agreement. Payment by the City 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
related to the Focus Areas of Performance Management and Service
Delivery and Partnerships & Volunteerism and delivers the corporate
objective to collaborate with select partners to implement service
solutions.
Citizen Input/
Board Review: City Council consideration September 20, 2022
Legal Review: The Agreement was modeled after the standard Community
Services Agreement used previously and that has been reviewed by
the City Attorney.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4L-3
Shana Yelverton, City Manager
Meeting Date — September 20, 2022
Page 3 of 3
Alternatives: Alternatives may include the following:
Supporting
Documents:
• Approve proposed Southlake Community Band Community
Services Agreement as presented
• Approve proposed Southlake Community Band Community
Services Agreement with input as desired
• Decision not to renew the proposed Southlake Community
Band Community Services Agreement
• Southlake Community Band Community Services Agreement
Staff
Recommendation: City Council approval of the Community Services Agreement with
Southlake Community Band for the term October 1, 2022-
September 30, 2025
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-4
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 an 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
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.
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-5
Community Services Agreement with Southlake Community Band
Page 2 of 8
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 $9,720 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 5
REPORTING
A. The Band shall generate and provide to Milenka Lopez, Assistant to the
Director of Community Services, 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
ACT OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES,
EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE COVERAGES.
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-6
Community Services Agreement with Southlake Community Band
Page 3 of 8
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, 2022, and ending September 30, 2025. 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 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.
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-7
Community Services Agreement with Southlake Community Band
Page 4 of 8
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
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.
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-8
Community Services Agreement with Southlake Community Band
Page 5 of 8
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 , 2022.
Mayor, Citv gf�4gegjplake
Ken McMillan
President
Southlake Community Band
Attest:
Amy Shelley, TRMC
City Secretary
Approved as to form and legality:
City Attorney
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-9
Community Services Agreement with Southlake Community Band
Page 6 of 8
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(a_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
community services 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 as is necessary.
B. In addition to payment described in Section 4 of this agreement, City shall:
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: Milenka Lopez
b. Title: Assistant to the Director
c. Phone: 817.748.8963
d. Email Address: mlopez(a-)_ci.southlake.tx.us
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-10
Community Services Agreement with Southlake Community Band
Page 7 of 8
1. Provide a presence on the www.citvofsouthlake.com which is limited to:
a. One information page which includes organization name, mission,
contact information and link to organization website.
2. Consider posting information contained in press releases on
www.MVSouthlakeNews.com and/or www.CitVofSouthlake.com. Any
and all information in such press releases is subject to review and
possible revision prior to posting either in a story or PSA/advertising
format.
3. Provide access to the City's logo for use by the Band. Such use is
subject to review and approval by the City's Deputy Director of
Communications.
4. Provide at no cost to SOUTHLAKE COMMUNITY BAND in accordance
with current policies and guidelines, the use of City facilities, excluding
The Marq Southlake, for events and meetings directly related to
SOUTHLAKE COMMUNITY BAND business. Requests for use of City
facilities shall follow current reservation procedures as outlined in the
Facility Use Policy.
5. Provide to SOUTHLKE COMMUNITY BAND in accordance with current
policies, guidelines and reservations fee schedule, the use of City
facilities at The Marq Southlake for the applicable reservation fee, for
events and meetings directly related to COMMUNITY BAND business.
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
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.
DocuSign Envelope ID: 8FFD626C-OADF-454F-A71E-65B25B12A5ED
Item 4L-11
Community Services Agreement with Southlake Community Band
Page 8 of 8
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.
4. The Band will develop and provide a detailed annual report, including a
detailed budget sheet, on its programs and events, and on how the City's
funding is utilized in support of the Band at the end of each fiscal year
(September 30).