Item 4N - memoItem 4N-1
CITY OF
SOUTHLAKE
MEMORANDUM
September 8, 2022
TO: Shana K. Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Approve Amended Community Services Agreement with Arts
Council Northeast for the term October 1, 2022 — September 30,
2024
Action Requested: City Council approval of the Amended Community Services
Agreement with Arts Council Northeast (ARTSNET) for the
term October 1, 2022 — September 30, 2024.
Background
Information: The City works with non-profit community organizations such
as ARTSNET to provide important social, educational, and
cultural programs and services to Southlake citizens and
businesses.
City Council approved a Community Services Agreement with
ARTSNET last September for a three-year period, October 1,
2021 - September 30, 2024.
Due to inflation and increased costs of providing cultural
services for the Southlake citizens, City staff is budgeting an
8% payment increase for the remaining two years of this
agreement.
In consideration for the services rendered by ARTSNET on
behalf of Southlake citizens, the City agrees to an increased
annual payment of $23,760 to ARTSNET which will be
dispersed by November 1st of each year. This represents an
8% increase from $22,000.
The proposed agreement mirrors their previous agreement,
with the exception of the following changes:
• 8% increase in annual payment, changing from
$22,000 to $23,760 annually.
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4N-2
Shana Yelverton, City Manager
Meeting Date — September 20, 2022
Page 2 of 3
A copy of the Amended 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 2023 annual budget and will also be
included in subsequent budget proposals for FY 2024 as
required by the term of the agreement.
Strategic Link: Approval of the amended 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: ARTSNET has reviewed the proposed agreement and has
been notified of the board and City Council approval process.
Southlake Arts Council recommended approval (7-0) August
23, 2022
City Council consideration September 20, 2022
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 Amended Community Services
Agreement as presented
• City Council approve the Amended Community Services
Agreement with input as desired.
• City Council decision not to renew the proposed Amended
Community Services Agreement
Supporting
Documents:
• Proposed ARTSNET Community Services Agreement
City of Southlake Values. -
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Item 4N-3
Shana Yelverton, City Manager
Meeting Date — September 20, 2022
Page 3 of 3
Staff
Recommendation: City Council approval of the Community Services Agreement
with Arts Council Northeast for the term October 1, 2022 —
September 30, 2024.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2
Item 4N-4
AMENDED AGREEMENT
BETWEEN CITY OF
SOUTHLAKE AND
ARTS COUNCIL NORTHEAST
STATE OF TEXAS §
M
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
an amended 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 Item 4N-5
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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 $23,760 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 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 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 Item 4N-6
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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, 2022,
and ending September 30, 2024.
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.
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Community Services Agreement with Arts Council Northeast Item 4N-7
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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. 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.
DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2
Item 4N-8
Community Services Agreement with Arts Council Northeast
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 ARTS COUNCIL NORTHEAST
have executed this Agreement as of this day
of 2022.
CITY OF SOUTHLAKE
Mayor, City of Southlake
F-AllaIONI
Amy Shelley, TRMC
City Secretary
ARTS
COUNCIL NORTHEAST
DOCUSigned by:
F
�1� LTV
€30'T�03#2
President Pro-Tem,
Arts Council Northeast
Approved as to form and legality:
City Attorney
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Community Services Agreement with Arts Council Northeast Item 4N-9
DRAFT
Page 6 of 8
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: Ivette Sanchez
b. Title: Operations Coordinator
c. Phone: 682-326-8867
d. Email Address: council@theartsnet.org
2. Perform minimum of six (6) and a maximum of ten (10) 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. City 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 Festival and Events Coordinator 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
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Page 7 of 8
the City liaison may participate with the ARTS COUNCIL
NORTHEAST board at all scheduled meetings.
a. Name: Milenka Lopez
b. Title: Assistant to the Director of Community Services
c. Phone: 817.748.8963
d. Email Address: mlopez(abci.southlake.tx.us
2. 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;
and
3. Consider posting information contained in press releases
www.mVsouthlakenews.com and/or www.visitsouthlaketexas.com.
Any and all information in such press releases is subject to review
and possible revision prior to posting either in a story of PSA/
advertising format.
4. 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.
5. 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.
6. 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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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 fiscal year (September
30).
B. ARTS COUNCIL NORTHEAST will provide an assessment of value,
including a detailed budget sheet outlining how the City's funding is
utilized in support of ARTS COUNCIL NORTHEAST, that
demonstrates the value their program created in the community for
the period of the contract at the end of each fiscal year (September
30).