Item 5P
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 Bob Jones Nature Center
SUBJECT:
Action Requested:
City Council approval to enter into a Community Services Agreement with
the Bob Jones Nature Center.
Background
Information:
Bob Jones Nature Center (Nature Center) is a community-based organization
that was formed to provide educational and recreational programs relating to
nature. The City first entered into an agreement with the Bob Jones Nature
Center last year in preparation for the opening of the Nature Center facility in
2006.
The proposed Community Services Agreement renewal is for a term of one
year, beginning January 1, 2006. Under the terms of the proposed Agreement
the Nature Center, to the extent resources allow, is to provide:
- 1. Volunteers and intermittent staffing of a Nature
Center.
- Educational materials.
- Guided trail programs and related nature activities.
- Collaboration with City, local school districts, local agencies,
businesses, community based organizations and citizens to
promote awareness of Nature Center programs and activities.
- Assistance with further development of Nature Center
resources (trails, markers, and other physical enhancements)
- Assistance with maintaining trails and preserving the Nature
Center and surrounding environment.
- Support for other park activities compatible with adjoining
natural habitats.
Under the terms of the proposed Agreement the City, to the extent resources
allow, is to provide:
-A liaison to assist Nature CenterKSB in coordina in
coordinatingting activities.
-Sat all scheduled meetings. taff assistance, advice, and
technical expertise.
- where feasible aid KSB
3. Administrative support KSBwhere KSBto increase awareness
of opportunities at the Nature Center.
- Meeting space for regular meetings of the Nature Center KSB
Board of Directors and one annual membership meeting.
Shana Yelverton, City Manager
December 22, 2005
Page 2
- Waive sThe tandard rental fees for facility use for activities
conducted by the Nature Center.
The proposed Agreement also reserves the City’s right to review and
approve all programs and activities that involve the use of City staff,
resources, or property.
Financial
Considerations:
No funding is requested as part of the proposed Community Services
Agreement.
Financial
Impact:
Anticipated to include limited impact on current staff duties and time.
Citizen Input/
Board Review:
The Parks Board recommended approval (8-0-1) at their November
14, 2005 meeting. Park Board and Bob Jones Nature Center member
Emily Galpin abstained.
The Nature Center Board of Directors approved the proposed
agreement at their November meeting.
Legal Review:
This agreement was modeled after the standard community services
agreement utilized by the City and has been reviewed by the City
Attorney.
Alternatives:
Alternatives may include the following:
Approval of the proposed Agreement as presented
Approval of the proposed Agreement with input as desired
Non-approval of the proposed Agreement
Supporting
Documents:
Supporting documents include the following items:
Proposed Agreement for Community Services with Bob Jones
Nature Center
Staff
Recommendation:
City Council approval to enter into a Community Services Agreement
with the Bob Jones Nature Center.
/lce
Shana Yelverton, City Manager
December 22, 2005
Page 3
2006 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN THE CITY OF SOUTHLAKE
AND
BOB JONES NATURE CENTER
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 Bob Jones Nature Center
(“Nature Center”), a nonprofit organization operating in the City of Southlake (within Bob Jones
Park) 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 Nature Center is to provide educational opportunities about the
natural environment for residents of and visitors to the City; and to preserve and protect such
natural environment within and surrounding the Nature Center; and
WHEREAS
, establishment of Nature Center at Bob Jones Park, has been recommended by
the Southlake Park Board and approved by resolution of the City Council; and
WHEREAS
, City and Nature Center have determined that sections of City property within
Bob Jones Park, including portions of adjacent Army Corps of Engineer Property, designated as
Nature Center; and
WHEREAS
, City and Nature Center desire to enter into an Agreement whereby Nature
Center will provide services for environmental education and preservation, and for related use and
enjoyment within the designated area to the residents of and visitors to Southlake;
NOW, THEREFORE,
City and Nature Center do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
Nature Center shall, in good faith and to the extent feasible within its resources, provide the
following services:
1.Assist with establishment of and provide, to the extent Nature Center resources allow,
volunteer, intermittent staffing of a Nature Center services facility, to include an office for
Shana Yelverton, City Manager
December 22, 2005
Page 4
administration of Nature Center business and any additional space as might be provided by
City for Nature Center educational and other activities for citizens.
2.Develop educational materials and conduct guided trail programs and related nature
activities for residents and other interested persons.
3.Collaborate with City, local school districts, local agencies, businesses, community based
organizations and citizens to the extent that resources are available, to promote awareness of
Nature Center programs and activities and of the natural environment.
4.Assist with further development of Nature Center resources, including trails, markers, and
other physical enhancements to increase opportunities to learn about the natural environment
and history of the designated areas.
5.Assist with maintaining trails and preserving the Nature Center and surrounding
environment to assure minimal disturbance to natural habitats and the environment.
6.Support other park activities compatible with adjoining natural habitats.
7. Nature Center shall operate in accordance with its own approved by-laws and amendments
thereof.
8. Nature Center Board of Directors shall meet as defined by the by-laws. The time, date,
place, and agenda of these meetings shall be solely defined by Nature Center.
9. City shall have the right, after reasonable notice, to review the books and records kept
incident to the services provided by Nature Center to the City.
10. The City shall be provided a copy of the dates for all Board meetings and special meetings
in order to allow opportunity for the City liaison to attend said meetings.
City shall provide the following services:
1. A liaison will be provided by the City to assist Nature Center in coordinating activities in
which City and Nature Center are collaborating to the nature, extent, and duration defined
solely by the City. The liaison may participate in Board meetings and special meetings to the
extent deemed feasible by the City to support coordination of collaborative activities.
2. City shall offer, to the extent that City resources allow, staff assistance, advice, and technical
expertise to Nature Center. The nature, extent, and duration of such assistance shall be
defined solely by the City.
3. City shall provide administrative support to Nature Center, to the extent
feasible, for such Nature Center activities as promotional events for increasing awareness of
the Nature Center and its actual or potential use, training volunteers, educating citizens
about the local natural environment, organizing events for the development and maintenance
of trails and related enhancements within the Nature Center, and other projects as might
from time to time be jointly planned. The nature, extent, and duration of this support shall
be solely defined by the City.
4. The City shall reserve the right to review and approve all programs and activities that
involve the use of City staff, resources, or property.
5. City shall provide a meeting space for regular meetings of the Nature Center Board of
Directors and one annual membership meeting. If space is available, and upon reasonable
notice, City shall provide space for special meetings of Nature Center as might from to time
be called.
6. Standard rental fees for facility use shall not apply to the Nature Center for those activities
conducted by the Nature Center in conjunction with this agreement. Such permitted use of
any facility or property is not necessarily exclusive to Nature Center.
Shana Yelverton, City Manager
December 22, 2005
Page 5
7. All fundraising activities by the Nature Center occurring on park property shall comply with
all park use policies that may be in place at the time.
SECTION 2
TERM OF AGREEMENT
1. The term of this agreement shall be for a period 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.
Upon termination, or if Nature Center ceases to provide services under this Agreement,
Nature Center shall, if requested by City, immediately vacate its occupancy of any City
facilities or property and surrender any City owned equipment, resources or other property.
SECTION 3
USE OF CITY EQUIPMENT AND SUPPLIES
City agrees to offer, at the discretion of the City, the use of various equipment and supplies to the
Nature Center for services described in Section 1 hereinabove. Equipment and supplies must be
returned to the City in the same or better condition, subject to ordinary wear, as when provided. The
Nature Center will be responsible for incurring the cost for repairs or replacement of any equipment
or supplies which are damaged during use by the Nature Center.
SECTION 4
INDEPENDENT CONTRACTOR
In performing the services hereunder, Nature Center 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 5
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 Nature Center have executed this agreement as of this day
of , 200 .
Approved as to legal form:
Shana Yelverton, City Manager
December 22, 2005
Page 6
____________________________
Attorney at Law Mayor
City of Southlake
President
Bob Jones Nature Center