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Item 5L City of Southlake, Texas M E M O R A N D U M December 22, 2005 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services Approve a Community Services Agreement with the Southlake SUBJECT: Historical Society Action Requested: City Council approval of the proposed agreement for community services with the Southlake Historical Society. Background Information: The Southlake Historical Society (SHS) serves as the city’s main point of contact for the awareness, promotion and clearinghouse for items of historical significance to Southlake, the region, and the state. As such, for the term of the proposed annual agreement, the SHS has requested limited assistance from the city in several regards: Promotion and Awareness – the city will agree to post information on the City of Southlake website for promotion and awareness, meeting dates and times, requests for assistance, and similar notices. Storage space – the city will agree to set aside a secured area on a temporary basis for the storage of historical items in the Parks and Recreation storage facility on Continental Blvd. In return, the city will require (1) that any information submitted for posting on the website be prepared by the SHS and be presented in accordance with standard procedures and subject to review by the city; and (2) the storage space for SHS materials and provided for SHS use is solely at the discretion of the Director of Community Services or his designee. The proposed Community Services Agreement is identical in content to the agreement approved for fiscal year 2004-05. Financial Considerations: No funding is requested from the currently adopted FY 05-06 budget by the SHS. Shana Yelverton, City Manager December 22, 2005 Page 2 Financial Impact:  Limited impact to current staff duties and time.  No foreseeable impact to current storage capacity. Citizen Input/ Board Review: The Southlake Historical Society has reviewed the agreement and there were no changes recommended. Legal Review: This agreement was modeled after the standard community services agreements utilized by the city and has been reviewed by the city attorney. Alternatives: Alternatives may include the following:  Approval of proposed agreement  Approval of proposed agreement with input as desired  Decision not to approve proposed agreement Supporting Documents: Supporting documents include the following items:  Proposed Agreement for Community Services with the Southlake Historical Society Staff Recommendation: City Council approval of the proposed Community Services Agreement between the Southlake Historical Society and the City of Southlake for 2006. Shana Yelverton, City Manager December 22, 2005 Page 2 2006 AGREEMENT FOR COMMUNITY SERVICES 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 the Southlake Historical Society (“SHS”), a nonprofit organization operating in the City of Southlake as an organization described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS , the purpose of the Southlake Historical Society is 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; and WHEREAS , SHS is in affiliation with a number of state agencies created to properly manage and promote the history of Texas and has modeled their program to take advantage of these resources; and WHEREAS , City and SHS desire to enter into an Agreement whereby SHS will provide historical preservation and promotional activities to the citizens of Southlake; NOW, THEREFORE, City and SHS do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES SHS shall provide the following services: 1. Prepare and propose all SHS content for inclusion on the City of Southlake’s website, subject to the City’s approval. Any additional services related to the preparation, formatting, and arrangement of SHS material on the city’s website shall be at the discretion of the Director of Community Services or his designee. 2. Maintain local membership and act as the local historical society for Southlake. Shana Yelverton, City Manager December 22, 2005 Page 2 SECTION 2 SHS FUNCTIONS 1. The SHS Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by the SHS. The City liaison shall be apprised of all board meetings, and the liaison may participate at all scheduled meetings. 2. The SHS shall operate in accordance with its own approved by-laws. 3. Administration of local historical preservation and awareness programs shall be coordinated by the SHS. 4.The City shall have the right to review the books and records kept incident to the services provided by the SHS to the City, if any. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist the SHS in coordinating SHS and City operations. 2. The City shall provide limited staff assistance, advice, and technical expertise where feasible to aid the SHS. The nature, extent, and duration of such assistance shall be defined by the City. 3. The City shall provide a meeting space for the SHS Board of Directors meetings. 4. The City shall be responsible for the posting of SHS material on the City’s website, including items for promotion and awareness, meeting dates and times, requests for assistance, and similar notices. The material submitted for posting shall be in a format suitable for inclusion with minimal editing, formatting and layout required. 5. The City will provide limited space at a designated location, at the discretion of the Director of Community Services or his designee, for the storage and security of historically significant items for an interim period prior to their use by the SHS. SECTION 4 PAYMENT FOR SERVICES The City and the SHS agree that the services provided by the other represent an approximately equal value and, as such, there are no cash payments or other additional consideration due to the other party. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning January 1, 2006 and ending December 31, 2006. This agreement may be renewed for up to three successive one-year periods beginning on January 1 and ending on December 31 of each year upon written agreement of both parties. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. Shana Yelverton, City Manager December 22, 2005 Page 2 SECTION 6 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. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 7 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. IN WITNESS WHEREOF the City and the SHS have executed this agreement as of this day _______ of _________, 200 . Approved as to legal form: ____________________________ _____________________________ Attorney at Law Mayor, City of Southlake ____________________________ President, Southlake Historical Society