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2017-08-01 SLAC PacketCity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M July 27, 2017 TO: Southlake Arts Council FROM: Cassie Tucker, Assistant to the Director of Community Services SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting – Tuesday, August 1, 2017 Please note, the meeting will be held on Tuesday, August 1st at Southlake Town Hall in Room 4A (4th Floor). If you are not able to attend this meeting, please notify staff at 817.748.8184 or lcarpenter@ci.southlake.tx.us. Work Session: 1. Meet at Southlake Town Hall and travel to the home of Deanna Keynast to preview art. Regular Agenda: 1. Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Consent A. Approve minutes from the regular Southlake Arts Council meeting held June 27, 2017. Please make any corrections to the minutes part of the motion for consideration. 3. Agenda Item No. 3. Public Forum This is the public's opportunity to address the Arts Council about non-agenda items. During Public Forum, the Arts Council will not discuss or take action on any item brought up at this time. 4. Agenda Item No. 4. Consider A. Recommendation on amendments to Community Services Agreements with APEX Arts League – This item presents proposed amendments to the current Community Services Agreement with APEX Arts League to address the use of The Marq Southlake facility and to provide guidelines for up to 4 “no cost” events per year. Subsequent events or events outside of the proposed guidelines will be subject to the facility reservation fees for The Marq Southlake. The amended agreement also increase s the amount of financial support available to APEX from the City annually from $5,000 to $6,000 to accommodate for the increase in programming. Southlake Arts Council Meeting Date – August 1, 2017 Page 2 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork A copy of the proposed amended Community Services Agreement with APEX, highlighting the proposed revisions, is attached to the packet memo for consideration. City Council is expected to consider the agreement at the September 19, 2017 meeting. B. Recommendation on amendments to Community Services Agreements with Arts Council Northeast – This item presents the proposed amendments to the current Community Services Agreement with Arts Council Northeast to address the use of The Marq Southlake facility. Under the existing Agreement, the City provided Arts Council Northeast, at no cost, the use of City facilities. With the opening of The Marq Southlake, a cost recovery facility, the proposed amendments to APPENDIX Section A will exclude reservations at The Marq Southlake from the “no charge” provision and allow Arts Council Northeast to reserve space at The Marq Southlake for community events, programs and meetings in line with the City’s established reservation requirements set forth in the City Fee Schedule. The amendment will provide use of the facility at the approved reservation fee schedule rate. A copy of the amendment to the Community Services Agreement, highlighting the proposed revisions to APPENDIX Section A, is attached. City Council is expected to consider the agreement at the September 19, 2017 meeting. 5. Agenda Item No. 5 Discussion A. September 10, 2017 Art Gallery Event – This is the Arts Council’s opportunity to make arrangements, assignments and plans for the September 10, 2017 reception and art exhibit featuring art work by local artist Deanna Kienast. No packet documents. B. Recap Southlake Historical Society “Shared Stories: Denton, Southlake and the Wild West, 1840-1878” Reception July 16, 2017 and Art Exhibit July 10, 2017 – August 28, 2017 – This is the Arts Council’s opportunity to review the Southlake Historical Society “Shared Stories: Denton, Southlake and the Wild West, 1840-1878” art gallery reception held July 16, 2017, 5-6:30 p.m. in the Town Hall lobby. No packet documents. C. Staff Report – This is an opportunity for staff to update Arts Council about the upcoming Arts Master Plan and art maintenance. No packet documents. Southlake Arts Council Meeting Date – August 1, 2017 Page 3 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 6. For Your Information – Attendance Report – A copy of the Southlake Arts Council attendance report is included in your packet. 7. Reminder – No Arts Council meeting August 22, 2017. The next regular meeting will be September 26, 2017. We appreciate your commitment and service to the City. CT STAFF CONTACT INFORMATION: Telephone – (817) 748-8019 Facsimile – (817) 748-8027 1400 Main Street, Ste. 210, Southlake, Texas 76092 Chris Tribble, Director of Community Services (817) 748-8021; ctribble@ci.southlake.tx.us Cassie Tucker, Assistant to the Director; ctucker@ci.southlake.tx.us Linda Carpenter-Elgin, Secretary, (817) 748-8184; lcarpenter@ci.southlake.tx.us City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL Tuesday, August 1, 2017 Location: Southlake Town Hall 4th Floor, Room 4A 1400 Main Street Southlake, Texas Time: 6:00 p.m. Work Session: 1. Arts Council will meet at Southlake Town Hall and travel to an off-site location to preview artwork for the upcoming fall exhibit. Regular Agenda: 1. Call to Order 2. Consent A. Approval of the minutes from the June 27, 2017 Southlake Arts Council meeting 3. Public Forum (This is the Public’s opportunity to address Southlake Arts Council about non-agenda items. During Public Forum, Southlake Arts Council will not discuss, consider or take action on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 4. Consider A. Recommendation on amendments to Community Services Agreement with APEX Arts League B. Recommendation on amendments to Community Services Agreement with Arts Council Northeast 5. Discussion A. September 10, 2017 Art Gallery Event B. Recap Southlake Historical Society, “Shared Stories: Denton, Southlake and the Wild West, 1840-1878,” Reception July 16, 2017 and Art Exhibit July 10, 2017 – August 28, 2017 C. Staff Report 1. Master Plan 2. Art Maintenance 6. Adjournment A quorum of the City Council may be present at this meeting. Southlake Arts Council Meeting Date – August 1, 2017 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 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, July 28, 2017 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Carol Ann Borges, TRMC Interim City Secretary If you plan to attend this public meeting and have a disability 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 ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork SOUTHLAKE ARTS COUNCIL MEETING, JUNE 27, 2017 LOCATION: Southlake Town Hall Executive Conference Room 1400 Main Street Southlake, Texas TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Leslie Bartlett, Vice Chair Miriam Murray; and Southlake Arts Council members Tamara McMillan and Kelly Trager (Alternate 1) SOUTHLAKE ARTS COUNCIL ABSENT: Secretary Jesika Cook; and Southlake Arts Council members Merlene Ingraham, Terri Messing and Devika Seth STAFF PRESENT: Jenni Lanier, Community Relations Manager and Assistant to the Director Cassie Tucker GUESTS: REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chairman Leslie Bartlett called the meeting to order at 6:06p.m. 2. CONSENT AGENDA Consent Agenda items are considered to be routine by the Southlake Arts Council and are enacted with one motion. 2A. APPROVAL OF THE MINUTES FROM THE MAY 23, 2017 SOUTHLAKE ARTS COUNCIL MEETING There were no corrections to the May 23, 2017 meeting minutes. APPROVED A motion was made to approve the minutes of May 23, 2017 Arts Council meeting as read. Motion: McMillan Second: Murray Ayes: Bartlett, McMillan, Murray and Trager (Alternate #1) 3A - 1 Minutes of the June 27, 2017 Southlake Arts Council Meeting Page 2 of 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Nays: None Abstain: None Vote: 4-0 3. PUBLIC FORUM Chair Leslie Bartlett opened the Public Forum at 6:07 p.m. Cameron Milton, senior high school student, attended the Arts Council meeting to fulfill a news writing assignment. There being no one else to address Arts Council, Public Forum was closed. 4. DISCUSSION 4A. SOUTHLAKE SENIOR FUNDING, INC., SENIOR ART EVENT JUNE 23, 2017 Arts Council member Miriam Murray reviewed the “James Richardson Memorial Art Show” event hosted by the Southlake Senior Funding, Inc. (SSFI) organization and Southlake Arts Council on June 23, 2017, 11am-2pm, at The Marq Southlake. The event was very successful, well-attended with over 90 attendees, and the quality of the art pieces was impressive. The artists and SSFI will began planning next year’s event with a meeting in August. 4B. SEPTEMBER 2017 ART GALLERY EVENT Community Relations Manager Jenni Lanier and Assistant to the Director Cassie Tucker presented the item and were available for questions. The Arts Council discussed artists to feature at the September 10, 2017 reception and exhibit in the Town Hall lobby. Local artist Deanna Kienast was selected and has confirmed she is interested and available for the exhibit. Arts Council member Miriam Murray will relay insurance and security issues related to the exhibit in Town Hall lobby to Ms. Kienast, and arrange a date for the Arts Council to visit her home to view art pieces (possibly August 1st). As an aside to this item, staff will look into obtaining generic Arts Council business cards. 4C. SOUTHLAKE HISTORICAL SOCIETY “SHARED STORIES: DENTON, SOUTHLAKE AND THE WILD WEST, 1840-1878,” RECEPTION JULY 16, 2017 AND ART EXHIBIT JULY 10, 2017 – AUGUST 28, 2017 Community Relations Manager Jenni Lanier opened the discussion and was available to answer questions. 3A - 2 Minutes of the June 27, 2017 Southlake Arts Council Meeting Page 3 of 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Arts Council member Tamara McMillan provided an update on plans for the Southlake Historical Society “Shared Stories: Denton, Southlake and the Wild West, 1840-1878” art gallery reception to be held July 16, 2017, 5-6:30 p.m. in the Town Hall lobby. 4D. REVIEW CITY COUNCIL DIRECTION FROM THE MAY 16TH CITY COUNCIL MEETING Community Relations Manager Jenni Lanier and Assistant to the Director Cassie Tucker opened the discussion about the City Council’s action taken at the May 16th City Council meeting to deny the contract with Whitaker Studio for the kinetic sculpture to be installed in Frank Edgar Cornish, IV Park and responded to questions. The Arts Council conveyed their desire to be of assistance to the City Council and expressed the importance of communicating to the Mayor and City Council their recommendation of the location in Cornish Park was, in their opinion, the best site for the sculpture. It was the original site identified for an art piece when the Public Sculpture Program was approved by City Council December 4, 2012. (At that time, the original art consultant’s plan called for starting the sculpture program in McPherson Park, however the Arts Council recommended the program start in Frank Edgar Cornish, IV Park because of concerns that construction activity north of McPherson Park might affect art pieces selected for McPherson Park.) Since City Council must make the final determination on placement and artwork/artists, if Frank Cornish Park wasn’t deemed a feasible location, the Arts Council had also identified the area near Rustin Park pavilion be considered as a possible second option. The Art Council’s second option did not get to City Council during the May 16, 2017 Council presentation. Regarding selection of a location for the Whitaker kinetic sculpture, placement in a future roundabout, at the Bob Jones Nature Center & Preserve (subject to being moved), and City entry points, if available, were discussed. Other options will be explored by staff and Arts Council. Until further clarification on where the sculpture should be placed, tabling the purchase of the sculpture is necessary. The Arts Council made suggestions to help them advocate for public art in Southlake, including:  Upcoming revision of the Arts Master Plan will provide opportunities to clarify the direction of the public art program in line with current outlook  Have a small joint delegation meeting of several City Council members, Arts Council members and staff liaison to receive feedback on what the Arts Master Plan may include to ensure everyone on the “same page” 3A - 3 Minutes of the June 27, 2017 Southlake Arts Council Meeting Page 4 of 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork  Create “White Paper” on Southlake Public Art inventory (location, cost, medium), along with comparisons with other cities’ art inventory, if available  City Council meeting presentations to be by staff liaison  Identify “art” versus “architecture features” (Section 3.2 of the Public Art Display and/or Performance Policy identifies “Artwork” to include, but not limited to, a sculpture, monument, mural, painting, fountain, or stained glass.) Staff will present Arts Council with a timeline for the next roundabout art project at the September meeting, if available. As an aside, Arts Council noted the City’s Public Art webpage needs to be updated. 5. CONSIDER 5A. RECOMMENDATION ON PROPOSED FY 2018 PUBLIC ART FUND BUDGET Community Relations Manager Jenni Lanier presented a PowerPoint presentation on the proposed FY 2018 Public Art Fund Budget for Southlake Arts Council consideration and responded to questions about balances brought forward. The Arts Council made no changes to the proposed FY 2018 Public Art Fund Budget. Arts Consultant John Kinkade will be present at the September Arts Council meeting. APPROVED A motion was made to recommend approval of the proposed FY 2018 Public Art Fund Budget as presented. Motion: McMillan Second: Trager (Alt#1) Ayes: Bartlett, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 4-0 5B. APPROVE PERMIT FOR THE FY2017 FALL ART GALLERY RECEPTION AND FOR THE FY2017 ART GALLERY RECEPTIONS Community Relations Manager Jenni Lanier presented the permit requests allowing art gallery receptions to be held in Town Hall Lobby, including the FY2017 Fall Art Gallery Reception, and the FY2018 art gallery receptions for Sister Cities International Young Authors and Artists, Art in the Square, 3A - 4 Minutes of the June 27, 2017 Southlake Arts Council Meeting Page 5 of 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Historical Society “The Great War: Southlake Sacrifices in WW I”, and the Fall 2018 Exhibit, and was available to answer questions. The Arts Council made no changes to the permits. APPROVED A motion was made to approve permits for the public art exhibits and receptions for FY2017 Fall Art Gallery exhibit, and the FY2018 art gallery receptions for Sister Cities International Young Authors and Artists Showcase, the annual Art in the Square, the Southlake Historical Society “WWI” exhibit, and the Fall 2018 Exhibit, to be held in Southlake Town Hall lobby, as presented. Motion: Trager (Alternate #1) Second: McMillan Ayes: Bartlett, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 4-0 5C. RESCHEDULE AUGUST 22ND MEETING TO AN EARLIER AUGUST DATE TO ALLOW TIME TO PLAN FALL EXHIBIT Community Relations Manager Jenni Lanier asked the Arts Council about rescheduling the August 22nd meeting to an earlier August date to allow more time for planning of the September 2017 Fall Exhibit and reception. Arts Council discussed moving the meeting date to August 1, 2017, tentatively. Staff will confirm the date with the board as soon as the field trip to artist’s Deanna Kienast’s home is scheduled. APPROVED A motion was made to reschedule the August 22nd meeting to August 1st. Motion: McMillan Second: Murray Ayes: Bartlett, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 4-0 6. ADJOURNMENT Members were reminded of the joint City Council meeting on June 28, 2017 at The Marq Southlake at 5:30 p.m. APPROVED 3A - 5 Minutes of the June 27, 2017 Southlake Arts Council Meeting Page 6 of 6 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork A motion was made to adjourn the meeting. Motion: Trager (Alt#1) Second: Miriam Ayes: Bartlett, McMillan, Murray and Trager (Alternate #1) Nays: None Abstain: None Vote: 4-0 Attest: Leslie Bartlett, Chair Community Services Department A digital audio recording of this meeting is available in the Office of the City Secretary. NOTE: Three (3) of the regular seven (7) members of the Southlake Arts Council were present for this meeting. In the absence of Southlake Arts Council members Merlene Ingraham, Jesika Cook, Terri Messing and Devika Seth, Southlake Arts Council Alternate #1, Kelly Trager, participated. An Alternate may sit as a regular member in the event of an absence of one or more regular members per Ordinance No. 908, Section 2. 3A - 6 3A - 7 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M July 27, 2017 TO: Southlake Arts Council FROM: Cassie Tucker, Assistant to the Director SUBJECT: Recommendation on amendments to Community Services Agreement with APEX Arts League ___________________________________________________________ Action Requested: Southlake Arts Council recommendation on amendments to the Community Services Agreement with APEX Arts League. . Background Information: During the next few months, the City is working to amend all existing Community Services Agreements with various non- profit organizations to include the proposed revision for use and reservation requirements for The Marq Southlake. The proposed amendments to the APEX agreement address the use of The Marq Southlake facility available for public reservations within established City guidelines, and include an update to the amount of financial support available to APEX annually from the City. Under the existing Agreement, the City provided APEX, at no cost, the use of City facilities. With the opening of The Marq Southlake, a cost recovery facility, the proposed amendments to APPENDIX Section A will exclude reservations at The Marq Southlake from the “no charge” provision and allow APEX to reserve space at The Marq Southlake for community events, programs and meetings in line with the City’s established reservation requirements set forth in the City Fee Schedule. In addition, the proposed amendments provide four free rentals at “no cost” as long as the events adhere to the following guidelines: 1. Excludes peak weekends, Friday evenings, and all- day Saturday 2. Reservations must be made 6 months in advance 5A - 1 Southlake Arts Council Meeting Date – August 1, 2017 Page 2 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3. Events must be City-sponsored partnership events open to the public 4. APEX will retain all funds from events with ticket sales 5. Excludes private fundraising events Subsequent events, or events outside of the proposed guidelines, will be subject to the facility reservation fees for The Marq Southlake. The amendments also include a revision to the Agreement, Section 4, to increase the amount of the City’s funding from $5,000 to $6,000 annually for the duration of the Agreement. The increase is to accommodate for the increase in programming APEX is offering. It also provides APEX the opportunity to obtain funding for additional cultural arts programs as needed, and as approved by the Southlake Arts Council. The Southlake Arts Council will retain at least $3,000 in the budget available for cultural arts programming. With the proposed amendments, the current Community Services Agreement with APEX Arts League, approved by City Council September 15, 2015 upon recommendation by Southlake Arts Council, will remain in force as approved, with the changes being to the Agreement Section 4 and to the APPENDIX Section A as described above. There are no changes proposed to the existing agreement’s scope of services, assigned areas of responsibility and contract duration. The Agreement is for a three year period, October 1, 2015 – September 30, 2018. A copy of the proposed amended Community Services Agreement with APEX, highlighting the proposed revisions, is attached. Financial Considerations: Approval of the propose amendment to the Community Services Agreement with APEX Arts League itself presents no financial impact on the City budget. Implementation of the reservation provision for The Marq Southlake facility may present additional revenue for operations and maintenance of the facility. 5A - 2 Southlake Arts Council Meeting Date – August 1, 2017 Page 3 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 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: APEX Arts League has reviewed the proposed agreement and been notified of the board and city council approva l process. Southlake Arts Council recommendation August 1, 2017 City Council consideration September 19, 2017 Legal Review: The Agreement is 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 amendment to the Community Services Agreement as presented  Arts Council recommendation to approve the amendment to the Community Services Agreement with input as desired  Arts Council recommendation not to approve the proposed amendment to the Community Services Agreement Supporting Documents: Proposed Amended APEX Arts League Community Services Agreement Staff Recommendation: Southlake Arts Council recommendation to approve the amendments to the Community Services Agreement with APEX Arts Council as presented 5A - 3 AMENDED AGREEMENT BETWEEN CITY OF SOUTHLAKE AND APEX ARTS LEAGUE 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”), 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 an Amended Agreement whereby AAL will continue to provide for the creation of 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. 5A - 4 Community Services Agreement with Apex Arts League Page 2 of 8 SECTION 2 CITY AND AAL STAFF CONTACTS AAL and the City shall both provide staff liaisons 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 $6,000 to be dispersed annually on November 1 of each year. In addition, $3,000 will be budgeted annually in the Public Art Fund for cultural arts programming. Final payment and budget allocations are subject to City Council 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 Cassie Tucker, Assistant to the Director of Community Services 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 5A - 5 Community Services Agreement with Apex Arts League Page 3 of 8 CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY 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, 2015 and ending September 30, 2018. 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, or if AAL ceases to provide services under this Agreement, 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, 5A - 6 Community Services Agreement with Apex Arts League Page 4 of 8 including suits for damages and recovery of attorney’s fees are specifically waived by both parties. 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. 5A - 7 Community Services Agreement with Apex Arts League Page 5 of 8 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__. CITY OF SOUTHLAKE _________________________ Mayor, City of Southlake ATTEST: Lori Payne City Secretary APEX Arts League _________________________ Chairman, APEX Arts League Approved as to form and legality: City Attorney 5A - 8 Community Services Agreement with Apex Arts League Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND APEX ARTS LEAGUE APPENDIX SECTION A SCOPE OF SERVICES A. In return for payment described in Section 4 of this Agreement, AAL shall provide the following services: 1. AAL staff contact person to serve as a liaison between AAL and the City: a. Name: Terri Messing b. Title: President c. Phone: 817.251.4300 d. Email Address: terrimessing@verizon.net 2. Enhance the arts in the community and will work toward establishing a home for the arts. 3. Schedule twelve (12) high quality professional programs or events featuring local talent at minimal or no cost to the public between October 1 and September 30 annually, during 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. B. 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 AAL. The City liaison shall be apprised by AAL of all AAL board meetings. AAL shall forward a copy of the agenda for each meeting prior to any scheduled meetings, and the City liaison may participate with the AAL board at all scheduled meetings. a. Name: Cassie Tucker b. Title: Assistant to the Director of Community Services c. Phone: 817.748.8036 d. Email Address: ctucker@ci.southlake.tx.us 5A - 9 Community Services Agreement with Apex Arts League Page 7 of 8 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 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 AAL. Such use is subject to review and approval by the Deputy Director of Communications. 6. Provide at no cost to AAL in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake (other than as described in item 7), for events and meetings directly related to AAL business. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. 7. Provide to AAL in accordance with current policies, guidelines and reservations fee schedule, the use of City facilities at The Marq Southlake accordingly: a. 4 free rentals of Traditions Ballroom (full room) and/or Aria. 1. Excludes peak weekends, Friday evenings, and all-day Saturday 2. Reservations must be made 6 months in advance 3. Events must be City-Sponsored partnership events open to the public 4. APEX will retain all funds from events with ticket sales 5. Excludes private fundraising events b. Outside of the scope detailed in 7a, use of The Marq Southlake will be available for the applicable reservation fee, for events and meetings directly related to APEX ARTS LEAGUE business. Requests for reservations at The Marq Southlake shall follow current reservation procedures and fee schedule as outlined in the City’s Fee Schedule. SECTION B PERFORMANCE AND QUALITY MEASURES In evaluating AAL performance pursuant to Section 8 of this Agreement, the City will determine whether AAL has met the following performance measures: A. The AAL 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. 5A - 10 Community Services Agreement with Apex Arts League Page 8 of 8 B. AAL 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. C. AAL 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. D. AAL 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. 5A - 11 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M July 27, 2017 TO: Southlake Arts Council FROM: Cassie Tucker, Assistant to the Director SUBJECT: Recommendation on amendments to Community Services Agreement with Arts Council Northeast ___________________________________________________________ Action Requested: Southlake Arts Council recommendation on amendments to the Community Services Agreement with Arts Council Northeast (formerly ARTSNET). . Background Information: The amendments to the Agreement with Arts Council Northeast include the revision to the APPENDIX, Section A, Item B6, and the addition of Item B7. Under the existing Agreement, the City provided Arts Council Northeast, at no cost, the use of City facilities. With the opening of The Marq Southlake, a cost recovery facility, the proposed amendments to APPENDIX Section A will exclude reservations at The Marq Southlake from the “no charge” provision and allow Arts Council Northeast to reserve space at The Marq Southlake for community events, programs and meetings in line with the City’s established reservation requirements set forth in the City Fee Schedule. The amendment will provide use of the facility at the approved reservation fee schedule rate. With the amendments, the current Community Services Agreement with Arts Council Northeast, approved by City Council September 15, 2015, will remain in force as approved, with the only change being to APPENDIX Section A as described above. There are no proposed changes to the existing agreement’s scope of services, assigned areas of responsibility, financial consideration, and contract duration. The Agreement is for a three year period, October 1, 2015 – September 30, 2018. 5B - 1 Southlake Arts Council Meeting Date – August 1, 2017 Page 2 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork A copy of the amended Community Services Agreement with Arts Council Northeast, highlighting the proposed revisions to APPENDIX Section A, is attached. Financial Considerations: Approval of the propose amendment to the Community Services Agreement with Arts Council Northeast itself presents no financial impact on the City budget. Implementation of the reservation provision for The Marq Southlake facility may present additional revenue for operations and maintenance of the facility. 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 been notified of the board and city council approval process. Southlake Arts Council recommendation August 1, 2017 City Council consideration September 19, 2017 Legal Review: The Agreement is 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 amendment to the Community Services Agreement as presented  Arts Council recommendation to approve the amendment to the Community Services Agreement with input as desired.  Arts Council recommendation not to approve the proposed amendment to the Community Services Agreement 5B - 2 Southlake Arts Council Meeting Date – August 1, 2017 Page 3 of 3 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Supporting Documents: Proposed amended Arts Council Northeast Community Services Agreement Staff Recommendation: Southlake Arts Council recommendation to approve the amendments to the Community Services Agreement with Arts Council Northeast as presented 5B - 3 AMENDED AGREEMENT BETWEEN CITY OF SOUTHLAKE AND ARTS COUNCIL NORTHEAST 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 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 an Amended 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. 5B - 4 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 $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 Cassie Tucker, Assistant to the Director of Community Services of the City, a quarterly report 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 5B - 5 Community Services Agreement with Arts Council Northeast Page 3 of 8 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, 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, 2015 and ending September 30, 2018. 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, 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. 5B - 6 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:  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. SECTON 12 MISCELLANEOUS 5B - 7 Community Services Agreement with Arts Council Northeast Page 5 of 8 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__. CITY OF SOUTHLAKE _________________________ Mayor, City of Southlake ATTEST: Carol Ann Borges, TRMC City Secretary ARTS COUNCIL NORTHEAST _________________________ President, Arts Council Northeast Approved as to form and legality: City Attorney 5B - 8 Community Services Agreement with Arts Council Northeast 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: Lee Koch b. Title: President c. Phone: 817.283.3406 d. Email Address: lkoch@artscouncilnortheast.org 2. Perform twelve (12) concert events free to the public between October 1 and September 30 annually, for the term of the agreement. 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 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: 1. 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: Cassie Tucker b. Title: Assistant to the Director of Community Services 5B - 9 Community Services Agreement with Arts Council Northeast Page 7 of 8 c. Phone: 817.748.8036 d. Email Address: ctucker@ci.southlake.tx.us 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 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 Deputy Director of Communications. 6. Provide at no cost to ARTS COUNCIL NORTHEAST in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake, 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. 7. Provide to ARTS COUNCIL NORTHEAST in accordance with current policies, guidelines and reservations fee schedule, the use of City facilities at The Marq Southlake for the applicable reservation fee, for events and meetings 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. 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 calendar quarter. 5B - 10 Community Services Agreement with Arts Council Northeast Page 8 of 8 B. 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. C. 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. 5B - 11