Item 5N
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 Women's
SUBJECT:
Club for Art in the Square
Action Requested:
City Council approval of the proposed Community Services Agreement
between the Southlake Women's Club and the City of Southlake for 2006.
Background
Information:
The Southlake Women's Club is a non-profit organization headquartered
in Southlake. They provide assistance to charities and other non-profit
organizations in Southlake.
In the Spring of 2000, the Southlake Women's Club hosted a new event:
Art in the Square. It was well received by the public and raised over
$35,000 to benefit local charities. The City of Southlake has been involved
with this event since its inception. The City has provided use of various
items and equipment to include tents, sound systems, etc.
Although the Southlake Women’s Club is not seeking any direct funding
from the City of Southlake for Art in the Square, the renewal of a
Community Services Agreement allows for Southlake Women’s Club
continued use of City equipment during Art in the Square.
Financial
Considerations:
The Southlake Women’s Club will be responsible for incurring the cost
for repairs or replacement of any equipment or supplies should there be
damage during their use. There is no direct funding required from the City
as part of this proposed agreement.
Financial Impact:
The Southlake Women's Club provides funding to various charities and
organizations in Southlake and surrounding areas.
Citizen Input/
Board Review:
This agreement has been reviewed by a Southlake Women's Club officers
and responded with no recommended changes.
Legal Review:
This agreement was modeled after the standard community services
agreement utilized by the City and has been reviewed by the City
Attorney.
Shana Yelverton, City Manager
December 22, 2005
Page 2
Alternatives:
Alternatives may include the following:
Approval of the proposed community services agreement as presented.
Approval of the proposed community services agreement with in-put
as desired.
Decision not to approve the proposed community services agreement
Supporting
Documents:
Supporting documents include the following items:
Proposed Agreement for Community Services with the Southlake
Women’s Club.
Staff
Recommendation:
City Council approval of the proposed Community Services Agreement
between the Southlake Women's Club and the City of Southlake for 2006.
/lce
Shana Yelverton, City Manager
December 22, 2005
Page 2
2006 AGREEMENT FOR COMMUNITY SERVICE
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE WOMEN’S CLUB FOR ART IN THE SQUARE
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
""
Women's Club, a nonprofit organization operating in the 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 Southlake Women's Club is to provide an annual arts
festival that benefits the community and charities in Southlake and surrounding communities and
provide a focus for the expansion of other arts programs in the City of Southlake; and,
WHEREAS,
the Southlake Women's Club has been in existence since 1985; and,
WHEREAS,
the City and the Southlake Women's Club desire to enter into an
Agreement whereby the Southlake Women's Club will provide services to citizens through their
hosting of a community event;
NOW, THEREFORE,
City and the Southlake Women's Club do hereby covenant and agree as
follows:
SECTION 1
SCOPE OF SERVICES
Southlake Women's Club shall provide the following services:
1. Host Art in the Square which is a community event in which proceeds go to charities
serving children and families.
SECTION 2
SOUTHLAKE WOMEN'S CLUB(S) OPERATIONS
1. Southlake Women's Club shall operate in accordance with its own approved by-laws.
2. The City shall have the right to review the books and records kept incident to the services
provided by the Southlake Women's Club to the City.
SECTION 3
USE OF CITY EQUIPMENT AND SUPPLIES
Shana Yelverton, City Manager
December 22, 2005
Page 2
City agrees to offer, at the discretion of the City, the use of various equipment and supplies to the
Southlake Women's Club for the Art in the Square event for services described in Section 1
hereinabove. Equipment and supplies must be returned to the City in the same or better condition
as when provided. The Southlake Women’s Club will be responsible for incurring the cost for
repairs or replacement of any equipment or supplies which are damaged during use by the
Southlake Women’s Club.
SECTION 4
PAYMENT FOR SERVICES
The City and the Southlake Women’s Club agree that the services provided by the other
represent an approximately equal value and, as such, there are no cash payments or other
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,
20064 and ending December 31, 20064. 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.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, Southlake Women’s Club 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 Southlake Women's Club have executed
this agreement as of this day of , 200 4.
Approved as to legal form
and adequacy:
Shana Yelverton, City Manager
December 22, 2005
Page 2
______________________________
Attorney at Law Mayor, City of Southlake
President
Southlake Women's Club