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2012-09-25 SLAC PacketCITY OF SOUTHLAK E MEMORANDUM September 20, 2012 TO: Southlake Arts Council FROM: Jim Blagg, Assistant City Manager SUBJECT: Agenda Item Comments for the regular Southlake Arts Council Meeting — Tuesday, September 25, 2012 at 6:00 p.m. The regular meeting will begin at 6:00 p.m., in Town Hall — 3"' Floor, Room 3A. If you are not able to attend this meeting, please notify staff at 817.748.8384 or kmcgeath _ ci. southlake. tx. us. Agenda Item No. 2. Board and Commission Orientation — The City Council has worked hard over the last 18 months to develop tools to assist you in your appointed volunteer efforts for the City. A member of the City Manager' Office will be present at your meeting to conduct a brief orientation for the Southlake Arts Council, and to distribute these tools on behalf of the City Council. 2. Agenda Item No. 3A. Consent: Approval of the minutes from the August 14 2012 Southlake Arts Council meeting — Please make any corrections to the minutes part of the motion. 3. Agenda Item No. 4A. and 4B Consider: Recommendation on renewal of Communi Services Agreements with APEX Arts League and Arts Council Northeast for the term October 1 2012 — September 30 2015 — The purpose of this item is to make a recommendation on the renewal of the Community Services Agreements with APEX Arts League and Arts Council Northeast for a three (3) year term to expire September 30, 2015. The agreements are essentially the same as the previous agreements with the only change being the dates to match the proposed term. The funding and services provisions are the same as the last agreements. Copies of the proposed agreements are included in the packet memo. 4. Agenda Item No. 6A. Discussion: "Fall Through the Lens" September 9, 2012 — This is the Arts Council's opportunity to revisit the event to discuss its strengths and weaknesses in planning and implementation and to explore areas that may improve future events. 5. Agenda Item No. 6. PUBLIC FORUM: This is the public's opportunity to address the Arts Council about non -agenda items. During this proceeding it is important that the council not deliberate (discuss among yourselves) or take action on any item City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — September 25, 2012 Page 2 of 2 brought up at this time. The Arts Council's options during this topic are 1) to listen; 2) ask questions and respond to the presenter only; 3) request staff to look into the issue and report back to the Arts Council; and/or 4) request that the chair put the item on a future agenda for the Arts Council to discuss or consider. 6. Other item(s) included in your packet for your information: • 2012 Attendance Log We appreciate your commitment and service to the City. Wz STAFF CONTACT INFORMATION: Telephone — (817) 748-8203 Facsimile — (817) 748-8027 400 North White Chapel Blvd., Southlake, Texas 76092-6242 Jim Blagg, Assistant City Manager, 817-748-8601, iblagg(CD-ci.southiake.tx.us Kerry McGeath, Deputy Director of Community Services, 817-748-8384, kmc eath ci.south[ake.tx.us Cynthia Pfledderer, Librarian, 817-748-8246, cofiedderer(a�ci.southlake.tx.us Nancy Roper, Administrative Secretary, 817-748-8249; nroaer(cDci.southlake.tx.us Linda Carpenter -Elgin, Administrative Secretary, 817-748-8184; scar enter ci.southlake.tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3 CITY OF SOUTHLAKM SOUTHLAKE ARTS COUNCIL Tuesday, September 25, 2012 Location: Southlake Town Hall 1400 Main Street — 3A (third floor) Southlake, Texas Time: 6:00 P.M. Agenda. 1. Call to Order 2. Board and Commission Orientation 3. Consent A. Approval of the minutes from the August 14, 2012 Southlake Arts Council meeting 4. Consider A. Recommendation on renewal of Community Services Agreement with APEX Arts League for the term October 1, 2012 — September 30, 2015 B. Recommendation on renewal of Community Services Agreement with Arts Council Northeast for the term October 1, 2012 — September 30, 2015 5. Discussion A. "Fall Through the Lens" held September 9, 2012 6. Public Forum 7. Adjournment CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, September 21, 2012 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. ------- Alicia Richardson, TRMC City Secretary *.* 4 If you plan to attend this public meeting and havid'2'd1501lity that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable accommodations will be made to assist City of Southlake Values: Integrity 1 Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork aSOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING: Auciust 14 2012 LOCATION: 1400 Main Street, Southlake, Texas Southlake Town Hall — 3A Southlake Arts Council Members Present: Chair Leslie Bartlett, Secretary Leslie Ann Walker and Southlake Arts Council members Jesika Cook, Merlene Ingraham and Terri Messing Southlake Arts Council Members Absent: Vice Chair Carol Knox and Tammy Hashemian Staff Members Present: Jim Blagg, Assistant City Manager/Operations and Deputy Director Community Services -Library Kerry McGeath Others Present: None Agenda Item No. 1 - Call to Order. Chair Bartlett called the meeting to order at 6:00 p.m. Merida item No. 2A — Consent: Approval of the minutes from the June 262012 Southlake Arts Council meeting — The minutes were changed to show the name of the September 9, 2012 reception and exhibition as "Fall Through the Lens" instead of "Fall Through the Lens at Town Hall" on agenda item 3A. A motion was made, seconded and unanimously approved (5-0) to approve the minutes as corrected. Agenda item No. _3A.-- _Consider: Recommendation on proposed FY 2013 Public Art Fund Budget — Assistant City Manager Blagg presented the budget. Budget highlights include an increase from $50,000 to $100,000 for FY 2013 for public art in anticipation of expenditures for a sculpture garden and additional funds of $3,000 moved into contract services budget item to be used for reception expenses. A motion was made to recommend City Council approve proposed FY 2013 Public Art Fund Budget as stated. Motion: Messing Second: Walker Ayes: Bartlett, Cook, Ingraham, Messing and Walker Nayes: None Vote: 5-0 Motion carried. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability_+ Commitment to Excellence ♦ Teamwork 5A- Minutes of the August 14, 2012 Southlake Arts Council Meeting Page 2 of 2 Agenda Item No. 4A. Discussion: "Fall Through the Lens" September 9 2012 Reception and Photography Exhibit September 9-October 31 2012 in Southlake Town Hall Lobby — The Southlake Arts Council discussed assignments and tasks for the reception and exhibit. Agenda Item No. 5 - Public Forum: No one was present to address the Arts Council. Agenda Item No. 6 — Adiournment A motion was made and unanimously approved to adjourn the meeting at 6:30 p.m. Leslie Bartlett, Chair Attest: Kerry McGeath, Deputy Director of Community Services A recording of this meeting may be requested in the Office of the City Secretary. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE MEMORANDUM September 11, 2012 TO: Southlake Arts Council FROM: Jim Blagg, Assistant City Manager/Operations SUBJECT: Recommendation on renewal of Community Services Agreement with APEX Arts League for the term October 1, 2012 — September 30, 2015 Action Requested: Southlake Arts Council recommendation on the renewal of the Community Services Agreement with APEX Arts League Background Information: The City works with non-profit community organizations such as APEX Arts League to provide important social, educational, economic and cultural programs and services to Southlake citizens and businesses. Having a Community Services Agreement in place allows for these services to be provided without the City having to fund additional personnel and capital investments, as well as the ongoing administrative and operational expenses that would be required to provide these services to the community. The renewal agreement with APEX Arts League for your consideration today is a standardized agreement with an Appendix section pertaining to the specific scope of services with the APEX organization. This agreement is for a three year period, October 1, 2012- Septemer 30, 2015. APEX Arts League will schedule eleven (11) professional programs or events featuring local talent free to the public between January —September annually for the term of the agreement. Other community services to be provided or promoted by APEX include at least three (3) educational programs in the arts for all ages and at least three (3) programs or events with a community arts component including but not limited to the display of public art. Public art displays and performances must be recommended by the Southlake Arts Council and approved by City Council. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — September 25, 2012 Page 2 of 3 In consideration for the services rendered by APEX Arts League on behalf of Southlake citizens, the City agrees to support APEX with $5,000 to be dispersed annually on November 1 of each year. A payment of $3,000 will also be made to pay for a back to school performance. Total paid to APEX is $8,000, subject to annual approval of the operating budget by the Southlake City Council. A copy of the Community Services Agreement, detailing the organization's scope of services and the City's obligations is attached. Financial Considerations: Funding for the Community Services Agreement is included in the approved FY 2013 annual budget, and will also be included in subsequent budget proposals for FY 2014 and FY 2015 as required by the term of the agreement. The total amount allocated for the proposed agreement for FY 2013 is up to $8,000, which represents no change from the previous year's budget. Strategic Link: This item is linked to the City's Strategy Map related to the focus areas of Performance Management and Service Delivery and Partnerships and Volunteerism and meets the corporate objectives to Attract and Keep Top -Tier Businesses to Drive a Dynamic and Sustainable Economic Environment, Collaborate with Select Partners to Implement Service Solutions, Provide High Quality Customer Service, Enhance Resident Quality of Life and Business Sustainability through Tourism and Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Inputl Board Review: APEX Arts League has been provided a copy of the proposed agreement and notified of the board and city council approval process. Southlake Arts Council recommendation September 25, 2012 City Council consideration October 2, 2012 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4A-a Southlake Arts Council Meeting Date — September 25, 2012 Page 3 of 3 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: • Arts Council recommendation to approve the APEX Community Services Agreement as presented • Arts Council recommendation to approve the APEX Community Services Agreement with input as desired. • Arts Council recommendation not to renew the proposed APEX Community Services Agreement Supporting Documents: Proposed APEX Community Services Agreement Staff Recommendation: Southlake Arts Council recommendation to approve the Community Services Agreement with APEX Arts league as presented City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to ,Excellence ♦ Teamwork 4A -3 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND APEX ARTS LEAGUE STATE OF TEXAS § r� 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"), Apex Arts League, a non-profit corporation of Texas, acting by and through its duly authorized Chairman (hereinafter referred to as "AAL"), an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. WHEREAS, the mission of AAL is to enhance appreciation and participation in music and dance, as well as literary, visual and theatrical arts in our region and to forward efforts of creating a regional arts center, a home for community arts, a stage for professional performances and an educational and civic center for all; and WHEREAS, City and AAL desire to enter into a Renewal Agreement whereby AAL will continue to provide for the creation a regional focal point, enhance community awareness and appreciation, and promote education instruction for all ages for the arts, a meeting facility for civic and community groups, create a home for area arts groups, and provide a venue for all performing and visual arts in the region. NOW, THEREFORE, City and AAL, in consideration of the mutual undertakings hereunder set forth, do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES A. AAL 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. Community Services Agreement with Apex Arts League Page 2 of 7 SECTION 2 CITY AND AAL STAFF CONTACTS AAL and the City shall both provide staff liaison's as outlined in the attached Appendix, Section A. SECTION 3 GOVERNANCE AAL 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 AAL board of directors. SECTION 4 CONSIDERATION In recognition that the City elected to support the AAL and their promotion of the arts rather than provide such service, City agrees to an annual payment to be paid to AAL in the amount of $5,000 to be dispersed annually on November 1 of each year. A payment of $3,000 will also be made to pay for a back to school performance. Total paid to AAL is $8,000. Final payment amount is subject to City Council budget authorization. Payment by the City shall be applied by AAL as described in the attached Appendix, Section A. SECTION 5 REPORTING A. AAL shall generate and provide to Kerry McGeath of the City, quarterly 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 AAL to the City. SECTION 6 INSURANCE AND INDEMNIFICATION AAL 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 4.4 - '5 Community Services Agreement with Apex Arts League Page 3of7 OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF APEX, ITS OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. APEX SHALL NOT BE REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND 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, AAL 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, 2012 and ending September 30, 2015. This Agreement may be renewed for up to two successive three-year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 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, AAL 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. 4.,q-(,o Community Services Agreement with Apex Arts League Page 4 of 7 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. AAL, 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. Community Services Agreement with Apex Arts League Page 5 of 7 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 AAL have executed this Agreement as of this day of , 201_. Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney CITY OF SOUTHLAKE John Terrell, Mayor APEX ARTS LEAGUE (AAL) Chairman, APEX Arts League =0 Community Services Agreement with Apex Arts League Page 6 of 7 a AGREEMENT BETWEEN CITY OF SOUTHLAKE AND APEX ARTS LEAGUE APPENDIX SECTION A SCOPE OF SERVICES In return for payment described in Section 4 of this Agreement, APEX shall provide the following services: 1. APEX staff contact person to serve as a liaison between APEX and the City: a. Name: Terri Messing h. Title: President c. Phone: 817.251.4300 d. Email Address: terrimessing(a)-verizon.net 2. Enhance the arts in the community and will work toward establishing a home for the arts. 3. Schedule eleven (11) high quality professional programs or events featuring local talent free to the public annually for the term of the agreement. 4. Provide and promote at least three (3) educational programs in the arts for all ages. 5. Provide and promote at least three (3) programs or events with a community arts component including but not limited to the display of public art. 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 APEX. The City liaison shall be apprised by APEX of all APEX board meetings. APEX shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the APEX board at all scheduled meetings. a. Name: Kerry McGeath b. Title: Deputy Director of Community Services c. Phone: 817.748.8384 d. Email Address: kmcaeath@ci.southiake.tx.us Community Services Agreement with Apex Arts League Page 7 of 7 2. Provide a presence on www.citvofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website; and b. ---insert event info language---; and 3. Consider posting information contained in press releases on www.M-$outhiakeNews.com and/or www.CitvofSouthiake.com. Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. Provide access to the City's logo for use by APEX. Such use is subject to review and approval by the City's Community Relations Officer. 6. Provide at no cost to APEX in accordance with current policies and guidelines, the use of City facilities for events and meetings directly related to APEX business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. SECTION B PERFORMANCE AND QUALITY MEASURES A. in evaluating APEX performance pursuant to Section 8 of this agreement, the City will determine whether APEX has met the following performance measures: 1. The APEX organization will track attendance at programs/events they provide throughout the year and provide that information to city staff at the end of each calendar quarter. 2. APEX will provide an assessment of value that their program created in the community for the period of the contract at the end of each calendar year. 3. APEX will track attendance and participation in the creative arts educational programming it provides the community and will provide that information to city staff at the end of the calendar quarter. 4. APEX will track attendance and participation in the programs/events it provides the community with a community arts program and will provide that information to city staff at the end of the calendar quarter, 4,q - t C-,) 6 CITY OF SOUTHL.AKE MEMORANDUM September 11, 2012 TO: Southlake Arts Council FROM: Jim Blagg, Assistant City Manager/Operations SUBJECT: Recommendation on renewal of Community Services Agreement with Arts Council Northeast for the term October 1, 2012 — September 30, 2015 Action Requested: Southlake Arts Council recommendation on the renewal of the Community Services Agreement with Arts Council Northeast (formerly ARTSNET) Background Information: The City has chosen to work with non-profit community organizations such as Arts Council Northeast to provide important social, educational, economic and cultural programs and services to Southlake citizens and businesses. Having a Community Services Agreement in place allows for these services to be provided without the City having to fund additional personnel and capital investments, as well as the ongoing administrative and operational expenses that would be required to provide these services to the community. The renewal agreement with Arts Council Northeast for your consideration today is a standardized agreement with an Appendix section pertaining to the specific scope of services with the organization. This agreement is for a three year period, October 1, 2012- Septemer 30, 2015. The organization will schedule twelve (12) concert events free to the public between January — September annually to include, but not limited to, the Annual MasterWorks Southlake Music Series in Town Square. Community Services Department staff will work with Arts Council Northeast on proposed performances and the Southlake Arts Council will review the proposed line up each year. The concert schedule will be forwarded to you at a future meeting. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability 4 Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — September 25, 2012 Page 2 of 3 In consideration for the services rendered by Arts Council Northeast on behalf of Southlake citizens, the City agrees to support Arts Council Northeast with an annual payment of $22,000, subject to annual approval of the operating budget by the Southlake City Council. A copy of the Community Services Agreement, detailing the organization's scope of services and the City's obligations is attached. Financial Considerations: Funding for the Community Services Agreement is included in the approved FY 2013 annual budget, and will also be included in subsequent budget proposals for FY 2014 and FY 2015 as required by the term of the agreement. The total amount allocated for the proposed agreement for FY 2013 is $22,000, which represents no change from the previous year's budget. Strategic Link: This item is linked to the City's Strategy Map related to the focus areas of Performance Management and Service Delivery and Partnerships and Volunteerism and meets the corporate objectives to Attract and Keep Top -Tier Businesses to Drive a Dynamic and Sustainable Economic Environment, Collaborate with Select Partners to Implement Service Solutions, Provide High Quality Customer Service, Enhance Resident Quality of Life and Business Sustainability through Tourism and Promote Opportunities for Partnerships and Volunteer Involvement. Citizen input/ Board Review: Arts Council Northeast has been provided a copy of the proposed agreement and notified of the board and city council approval process. Southlake Arts Council recommendation September 25, 2012 City Council consideration October 2, 2012 Legal Review: The Agreement was modeled after the standard Community Services Agreement utilized by the City and reviewed by the City Attorney. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — September 25, 2012 Page 3 of 3 Alternatives: Alternatives may include the following: • Arts Council recommendation to approve the Community Services Agreement as presented • Arts Council recommendation to approve the Community Services Agreement with input as desired. • Arts Council recommendation not to renew the proposed Community Services Agreement Supporting Documents: Proposed Arts Council Northeast Community Services Agreement Staff Recommendation: Southlake Arts Council recommendation to approve the Community Services Agreement with Arts Council Northeast as presented City of Southlake Values: Integrity ♦ Innovation 4 Accountability ♦ Commitment to Excellence ♦ Teamwork 4 ('�, � ��, AGREEMENT BETWEEN CITY OF SOUTHLAKE AND ARTS COUNCIL NORTHEAST STATE OF TEXAS § N�l 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 liaison's as outlined in the attached Appendix, Section A. Community Services Agreement with Arts Council Northeast Page 2 of 7 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 $22,000 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 Kerry McGeath of the City, quarterly 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 EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY, — tJ ' `J Community Services Agreement with Arts Council Northeast Page 3 of 7 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, 2012 and ending September 30, 2015. This Agreement may be renewed for up to two successive three-year periods beginning on October 1 and ending on September 30 of each year upon written agreement by both parties and annual budget approval by the Southlake City Council. 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, 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 7 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. Community Services Agreement with Arts Council Northeast Page 5 of 7 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 , 201. Attest: Alicia Richardson, TRMC City Secretary Approved as to form and legality: City Attorney CITY OF SOUTHLAKE John Terrell, Mayor ARTS COUNCIL NORTHEAST Executive Director, Arts Council Northeast 14 - Community Services Agreement with Arts Council Northeast Page 6 of 7 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: Bobby McFarland b. Title: President c. Phone:817.283.3406 d. Email Address: bmcfarland@artscouncilnortheast.org 2. Perform twelve (12) concert events free to the public annually for the term of the Agreement. Proposed events include, but are not limited to the Annual MasterWorks Southlake Music Series in Town Square. Community Services staff will work with Arts Council Northeast on 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 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: 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 the City liaison may participate with the ARTS COUNCIL NORTHEAST board at all scheduled meetings. a. Name: Kerry McGeath b. Title: Deputy Director Community Services c. Phone:817.748.8384 d. Email Address: kmcaeath0-ci.south1ake.tx.us Community Services Agreement with Arts Council Northeast Page 7 of 7 2. Provide a presence on www.cityofsouthlake.com which is limited to: a. One information page which includes organization name, mission, contact information and link to organization website; and b. ---insert event info language---; 3. Consider posting information contained in press releases on www.MySouthlakeNews.com and/or www.CityofSouthlake.com. Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Publish in the quarterly editions of the Southlake Scene organization information to include organization name, mission, contact information and link to organization website. 5. 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 Community Relations Officer. 6. Provide at no cost to ARTS COUNCIL NORTHEAST in accordance with current policies and guidelines, the use of City facilities for events and 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. SECTION B PERFORMANCE AND QUALITY MEASURES A. 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: 1. 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 calendar quarter. 2. ARTS COUNCIL NORTHEAST will provide an assessment of value that their program created in the community for the period of the contract at the end of each calendar year. 3. ARTS COUNCIL NORTHEAST will track attendance and participation in the arts programming it provides the community and will provide that information to city staff at the end of the calendar quarter. CITY OF SOUTHLAKE MEMORANDUM September 6, 2012 TO: Southlake Arts Council FROM: Jim Blagg, Assistant City Manager SUBJECT: "Fall Through the Lens" September 9Eh Post Wrap Up This discussion item is posted on the agenda to allow the Arts Council to discuss the recent reception held September 9 in Town Hall lobby if desired. The Arts Council may wish to comment about the event's successes and challenges. The Arts Council's thoughts and. feedback about what was done right and what aspects of the event may need improvement can provide insight into how future events can be better planned and implemented. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 5A ��oomo� �iiomoo0mo� �� �N00000�01 � =11700000�1 IN �II���GI L C ca C cu _x 0 C J CDC Y 0 co D c m Cco � 0 cc