Item 4C - MemoCITY OF
SOUTHLAKE
MEMORANDUM
September 13, 2024
TO: Alison Ortowski, City Manager
Item 4C
FROM: David Miller, Director of Community Services
SUBJECT: Approval of the Community Services Agreement with Arts
Council Northeast (ArtsNET) for the term October 1, 2024 —
September 30, 2027
Action Requested: Approval of the Community Services Agreement with Arts
Council Northeast (ArtsNET) for the term October 1, 2024 —
September 30, 2027
Background
Information: The City works with
as ARTSNET to pi
cultural programs
businesses.
non-profit community organizations such
)vide important social, educational, and
ind services to Southlake citizens and
City Council approved a Community Services Agreement with
ARTSNET in September of 2021 for a three-year period,
October 1, 2021 - September 30, 2024.
In September 2022, staff budgeted an 8% payment increase
for the remaining two years of the agreement to accommodate
for the increased costs of providing cultural services for
Southlake residents. This increased the annual payment of
$22,000 to $23,760. The Southlake City Council approved the
amended payment during the September 20, 2022, City
Council meeting.
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. The actual number of concerts will be
dependent upon schedule requests and market pricing.
In consideration for the services rendered by Arts Council
Northeast on behalf of Southlake citizens, the City agrees to
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alison Ortowski, City Manager
Meeting Date — September 17, 2024
Page 2 of 4
an annual payment of $23,760 to Arts Council Northeast
which will be dispersed by November 1st of each year.
The proposed agreement mirrors their previous agreement,
with the exception of the following changes:
• Provide at no cost to ARTS COUNCIL
NORTHEAST in accordance with current policies
and guidelines, the use of City facilities at DPS
Headquarters and Town Hall for meetings directly
related to ARTS COUNCIL NORTHEAST business.
Requests for use of City facilities shall follow current
reservation procedures as outlined in the Facility
Use Policy.
• Provide at no cost to ARTS COUNCIL
NORTHEAST in accordance with current policies
and guidelines, the use of The Marq Southlake for
meetings directly related to official ARTS COUNCIL
NORTHEAST business. Request to use The Marq
Southlake for official business shall follow the
current reservation procedures by filling out The
Marq Community Services Organization Meeting
Reservation form. Reservations must be completed
20 days in advance of the official business meeting
and must be scheduled during operating hours. All
requests for use of The Marq for official ARTS
COUNCIL NORTHEAST business are subject to
availability.
• Provide to ARTS COUNCIL NORTHEAST in
accordance with current policies, and guidelines,
the use of City facilities at The Marq Southlake for
the applicable reservation fee, for events directly
related to ARTS COUNCIL NORTHEAST business.
Requests for reservations at The Marq Southlake
shall follow current reservation procedures and fee
schedule as outlined in the City's Fee Schedule.
• Provide at no cost to ARTS COUNCIL
NORTHEAST in accordance with current policies
and guidelines, the use of the Aria Amphitheatre at
The Marq Southlake for use during the Masterworks
Concert Series subject to availability.
A copy of the Amended Community Services Agreement,
detailing the organization's scope of services, the City's
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alison Ortowski, City Manager
Meeting Date — September 17, 2024
Page 3 of 4
obligations, and highlighting the proposed changes, is
attached.
Financial
Considerations: Funding for the Community Services Agreement is included
in the proposed FY 2025 annual budget and will also be
included in subsequent budget proposals for FY 2026 and FY
2027 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 has been notified of the board and City Council approval
process.
Southlake Arts Council recommended approval (7-0) August
27, 2024
City Council consideration September 17, 2024
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 the Community Services
Agreement as presented
• City Council approval of the Community Services
Agreement with input as desired.
• City Council decision not to renew the proposed
Community Services Agreement
Supporting
Documents:
• Proposed ARTSNET Community Services Agreement
with highlighted changes
• Proposed ARTS Community Services Agreement with
organization signature
Staff
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Alison Ortowski, City Manager
Meeting Date — September 17, 2024
Page 4 of 4
Recommendation: City Council approval of the Community Services Agreement
with Arts Council Northeast (ArtsNET) for the term October 1,
2024 — September 30, 2027.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Agreement with Changes Highlighted
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
STATE OF TEXAS §
0
COUNTY OFTARRANT §
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.
Community Services Agreement with Arts Council Northeast
Page 2 of 8
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, Business Manager- 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
Community Services Agreement with Arts Council Northeast
Page 3 of 8
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 beainninq October 1, 2024,
and endinq September 30, 2027.
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.
Community Services Agreement with Arts Council Northeast
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. Arts Council Northeast, its mission and the services
outlined in the attached Appendix, link to the City's strategy through the
following strategic objectives:
• Collaborating with select partners to implement service solutions.
• Enhancing the sense of community by proactively creating opportunities
for community partnerships, volunteer involvement, and citizen
engagement.
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.
Community Services Agreement with Arts Council Northeast
DRAFT
Page 5 of 8
Community Services Agreement with Arts Council Northeast
Page 5 of 8
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 ARTS COUNCIL NORTHEAST
have executed this Agreement as of this day
of 2024.
CITY OF SOUTHLAKE
Shawn McCaskill
Mayor, City of Southlake
ATTEST:
Amy Shelley, TRMC
City Secretary
ARTS COUNCIL NORTHEAST
Nansii Downer
President, Arts Council
Northeast
Approved as to form and legality:
City Attorney
Community Services Agreement with Arts Council Northeast
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: Nansii Downer
b. Title: President
c. Phone: 817-412-8435
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. Community Services staff will work with ARTS
COUNCIL NORTHEAST to develop proposed performances and the
Southlake Arts Council will review the proposed lineup 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(s) to serve as a liaison between City
and ARTS COUNCIL NORTHEAST. ARTS COUNCIL NORTHEAST
shall appraise the City liaison of all ARTS COUNCIL NORTHEAST
board meetings. ARTS COUNCIL NORTHEAST shall forward a copy
of the agenda for each meeting, if requested by the City, prior to any
scheduled meetings, and the City liaison or designee may participate
with the ARTS COUNCIL NORTHEAST board at all scheduled
meetings.
a. Name: Milenka Lopez
b. Title: Business Manager- Community Services
c. Phone: 817.748.8963
Community Services Agreement with Arts Council Northeast
DRAFT
Page 7 of 8
d. Email Address: mlonez(@ci.southlake.tx.us
2. Provide a presence on www.CitvofSouthlake.com
and/or www.visitsouthlaketexas.com which is limited to:
a. One information page which includes the organization's name,
mission, contact information, and link to the organization's
website; and
3. Consider posting information contained in press releases on
www.MvSouthlakeNews.com and/or www.CitvofSouthlake.com
and/or www.visitsouthlaketexas.com. Any and all information in
such press releases will be subject to review and possible revision
prior to posting.
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 Director of Communications.
5. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of City
facilities at DPS Headquarters and Town Hall for meetings directly
related to ARTS COUNCIL NORTHEAST business. Requests for
use of City facilities shall follow current reservation procedures as
outlined in the Facility Use Policy.
6. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of The
Marq Southlake for meetings directly related to official ARTS
COUNCIL NORTHEAST business. Request to use The Marq
Southlake for official business shall follow the current reservation
procedures by filling out The Marq Community Services
Organization Meeting Reservation form. Reservations must be
completed 20 days in advance of the official business meeting and
must be scheduled during operating hours. All requests for use of
The Marq for official ARTS COUNCIL NORTHEAST business are
subject to availability.
7. Provide to ARTS COUNCIL NORTHEAST in accordance with
current policies, and guidelines, the use of City facilities at The
Marq Southlake for the applicable reservation fee, for events
directly related to ARTS COUNCIL NORTHEAST business.
Requests for reservations at The Marq Southlake shall follow
current reservation procedures and fee schedule as outlined in the
City's Fee Schedule.
8. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of the Aria
Amphitheatre at The Marq Southlake for use during the
Masterworks Concert Series subject to availability.
Community Services Agreement with Arts Council Northeast
DRAFT
Page 8 of 8
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:
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, which
demonstrates the value their program created in the community for
the period of the contract at the end of each fiscal year (September
30).
Agreement with Signature
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
STATE OF TEXAS §
0
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.
Community Services Agreement with Arts Council Northeast
Page 2 of 8
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, Business Manager- 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
Community Services Agreement with Arts Council Northeast
Page 3 of 8
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 Aqreement shall be for a period beqinninq October 1, 20241
and endinq September 30, 2027.
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.
Community Services Agreement with Arts Council Northeast
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. Arts Council Northeast, its mission and the services
outlined in the attached Appendix, link to the City's strategy through the
following strategic objectives:
• Collaborating with select partners to implement service solutions.
• Enhancing the sense of community by proactively creating opportunities
for community partnerships, volunteer involvement, and citizen
engagement.
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.
Community Services Agreement with Arts Council Northeast
Page 5 of 8
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 ARTS COUNCIL NORTHEAST
have executed this Agreement as of this day
of 2024.
CITY OF SOUTHLAKE
Shawn McCaskill
Mayor, City of Southlake
ATTEST:
Amy Shelley, TRMC
City Secretary
ARTS CO CIL NORTHEAST
/ Nansii Downer
President
Arts Council Northeast
Approved as to form and legality:
City Attorney
Community Services Agreement with Arts Council Northeast
Page 6 of 8
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
/_\,;Jl =1`►Ia]K1
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: Nansii Downer
b. Title: President
c. Phone: 817-412-8435
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. Community Services staff will work with ARTS
COUNCIL NORTHEAST to develop proposed performances and the
Southlake Arts Council will review the proposed lineup 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(s) to serve as a liaison between City
and ARTS COUNCIL NORTHEAST. ARTS COUNCIL NORTHEAST
shall appraise the City liaison of all ARTS COUNCIL NORTHEAST
board meetings. ARTS COUNCIL NORTHEAST shall forward a copy
of the agenda for each meeting, if requested by the City, prior to any
scheduled meetings, and the City liaison or designee may participate
with the ARTS COUNCIL NORTHEAST board at all scheduled
meetings.
a. Name: Milenka Lopez
b. Title: Business Manager- Community Services
c. Phone: 817.748.8963
Community Services Agreement with Arts Council Northeast
Page 7 of 8
d. Email Address: mlopez(cDci.southlake.tx.us
2. Provide a presence on www.CitvofSouthlake.com
and/or www.visitsouthlaketexas.com which is limited to:
a. One information page which includes the organization's name,
mission, contact information, and link to the organization's
website; and
3. Consider posting information contained in press releases on
www.MvSouthlakeNews.com and/or www.CitvofSouthlake.com
and/or www.visitsouthlaketexas.com. Any and all information in
such press releases will be subject to review and possible revision
prior to posting.
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 Director of Communications.
5. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of City
facilities at DPS Headquarters and Town Hall for meetings directly
related to ARTS COUNCIL NORTHEAST business. Requests for
use of City facilities shall follow current reservation procedures as
outlined in the Facility Use Policy.
6. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of The
Marq Southlake for meetings directly related to official ARTS
COUNCIL NORTHEAST business. Request to use The Marq
Southlake for official business shall follow the current reservation
procedures by filling out The Marq Community Services
Organization Meeting Reservation form. Reservations must be
completed 20 days in advance of the official business meeting and
must be scheduled during operating hours. All requests for use of
The Marq for official ARTS COUNCIL NORTHEAST business are
subject to availability.
7. Provide to ARTS COUNCIL NORTHEAST in accordance with
current policies, and guidelines, the use of City facilities at The
Marq Southlake for the applicable reservation fee, for events
directly related to ARTS COUNCIL NORTHEAST business.
Requests for reservations at The Marq Southlake shall follow
current reservation procedures and fee schedule as outlined in the
City's Fee Schedule.
8. Provide at no cost to ARTS COUNCIL NORTHEAST in
accordance with current policies and guidelines, the use of the Aria
Amphitheatre at The Marq Southlake for use during the
Masterworks Concert Series subject to availability.
Community Services Agreement with Arts Council Northeast
Page 8 of 8
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:
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, which
demonstrates the value their program created in the community for
the period of the contract at the end of each fiscal year (September
30).