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2021-08-24 SLAC PacketSouthlake Arts Council Meeting August 24, 2021 CITY OF SOUTH LAKE MEMORANDUM August 20, 2021 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, August 24, 2021 at 6:00pm The meeting will be held on Tuesday, August 24, 2021 at Champions Club Hall of Fame rooms. If you are not able to attend this meeting, please notify staff at 817.748.8186 or vschiber(a)ci. southlake. tx. us Regular Agenda: Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. 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. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less. 3. Agenda Item No. 3. Consent A. Approval of the minutes from the May 25, 2021 Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 4. Agenda Item No. 4. Consider A. Recommendation on renewal of Communitv Services Aareement with APEX Arts League for the term October 1, 2021 — September 30, 2024 — The purpose of this item is to make a recommendation on the renewal of the Community Services Agreement with APEX Arts League for another three (3) year term to expire September 30, 2024. The agreement with APEX Arts League mirrors the previous agreement with the exception of changing the reporting requirement to an annual report with a detailed budget sheet at the end of each fiscal year, instead of an annual report at the end of each calendar year. The APEX Arts League Agreement also includes a change removing the City's requirement to publish information about the organization in the quarterly editions Southlake Arts Council Meeting August 24, 2021 of the Experience Southlake Magazine, as the magazine is no longer published. A copy of the proposed agreement is included in your packet. B. Recommendation on renewal of Community Services Agreement with Arts Council Northeast for the term October 1, 2021 — September 30, 2024- The purpose of this item is to make a recommendation on the renewal of the Community Services Agreement with Arts Council Northeast for another three (3) year term to expire September 30, 2024. The agreement with Arts Council Northeast mirrors the previous agreement with the exception of changing the reporting requirement to an annual report with a detailed budget sheet at the end of each fiscal year, instead of an annual report at the end of each calendar year. The Arts Council Northeast agreement also includes a change removing the City's requirement to publish information about the organization in the quarterly editions of the Experience Southlake Magazine, as the magazine is no longer published. A copy of the proposed agreement is included in your packet. 5. Agenda Item No. 5. Discussion A. Bob Jones Art installation update- This item allows for an update on the installation of the Bob Jones Art. No packet document. B. Bob Jones Art plaque update- This item allows for an update on the memorial plaque to be placed with the new Bob Jones Art to be installed. No packet document. C. Aria Soundboard Meeting update- This item allows for an update on the current sound system in place at Aria Amphitheater and potential upgrades. No packet document. D. Historical Society Print agreement update- This item allows for a discussion about the expired agreement with the Historical Society to hang prints in Town Hall. No packet document. E. Fall Exhibit update- This item allows for an update regarding the fall exhibit to be hung in Town Hall. No packet document. F. Southlake's Got Talent update- This item allows for an update on the progress of the Southlake's Got Talent program. No packet document. G. FY 2022 Prolects- This item allows for the discussion of any potential FY 2022 projects for Arts Council. No packet document. Southlake Arts Council Meeting August 24, 2021 H. Public Art (Dove and Carroll) landscape update- This item allows for the discussion of the landscaping around Public Art displayed at the Dove and Carroll Roundabouts. No packet document. Annual Tree Lighting Event- This item allows for the discussion of the Arts Council to potentially have a booth at the Annual Tree Lighting Event. No packet document. J. Arts Council Bylaws review- This item allows for the discussion on the Arts Council Bylaws as related to the attendance policy. No packet document. 6. Agenda Item No. 6. Adjournment For your Information- Attendance Report- A copy of the Southlake Arts Council attendance report is included in your packet. We appreciate your commitment and service to the City. Liaison Contact Information: Milenka Lopez Assistant to the Director STAFF CONTACT INFORMATION: Telephone- (817) 748-8963 Facsimile- (817) 748-8027 285 Shady Oaks Drive, Southlake, Texas 76092 Milenka Lopez, Assistant to the Director, mlopez@ci.southlake.tx.us Vicky Schiber, Community Relations Manager, vschiber@ci.southlake.tx.us CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday, August 24, 2021 Location: The Marq Southlake Champions Club- Hall of Fame Classroom 285 Shady Oaks Blvd. Southlake, Texas 76092 Time: 6:00 p.m. Regular Agenda: 1. Call to Order 2. 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.) 3. Consent A. Approve the minutes from the May 25, 2021 Southlake Arts Council meeting 4. Consider A. Recommendation on renewal of Community Services Agreement with APEX Arts League for the term October 1, 2021 — September 30, 2024 B. Recommendation on renewal of Community Services Agreement with Arts Council Northeast for the term October 1, 2021 — September 30, 2024 5. Discussion A. Bob Jones Art installation update B. Bob Jones Art plaque update C. Aria Soundboard meeting update D. Historical Society print agreement update E. Fall Exhibit update F. Southlake's Got Talent update City of'Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — August 24, 2021 Page 2 of 2 G. FY 2022 Projects H. Public Art (Dove and Carroll) landscape update Annual Tree Lighting Event J. Arts Council Bylaws review 6. 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, August 20, 2021 by &00 p.m. pursuant to Chapter 551 of the Texas Government Code. H LAB �,......... Ft� m Veronica Lot :> Deputy City i� eta : cn h p'�hU� meeti and %" a"disability that requires special needs, please advise the City Secretary 48 hours in advance If you plan to atten'd',t at 817.748.8016 rea`so9able ac**** ,�A'ns will,be made to assist City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamvvot-k CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: MAY 25, 2021 LOCATION: The Marq Southlake 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice Chair Jesika Cook and Secretary Beatriz Terrazas and Southlake Arts Council members; Heather Engelhardt, Deanna Kienast and Terri Messing SOUTHLAKE ARTS COUNCIL ABSENT: Council members Mimi Tran, and Alternate #1 Nadia Hassan STAFF PRESENT: Community Relations Manager Vicky Schiber and Assistant to the Director Milenka Lopez REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:02p.m. 2. PUBLIC FORUM Chair Tamara McMillan opened the Public Forum at 6:03 p.m. There being no one present to address the Arts Council, the Public Forum was closed at 6.03 p.m. 3. CONSENT AGENDA 3A. APPROVAL OF THE MINUTES FROM THE APRIL 27, 2021 SOUTHLAKE ARTS COUNCIL MEETING APPROVED A motion was made to approve the minutes of the April 27, 2021 Southlake Arts Council meeting with no corrections. Motion: Cook Second: Messing Ayes: Cook, Engelhardt, Kienast, McMillan, Messing, Terrazas Nays: None City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-1 Minutes of the May 25, 2021 Southlake Arts Council Meeting Page 2 of 4 Abstain: None Vote: 6-0 4. CONSIDER 4A. CONSIDER THE CANCELLATION OF THE REGULAR SOUTHLAKE ARTS COUNCIL JULY 27T" MEETING APPROVED A motion was made to approve the cancellation of the regular Southlake Arts Council July 27t" meeting. Motion: Terrazas Second: Engelhardt Ayes: Cook, Engelhardt, Kienast, McMillan, Messing, Terrazas Nays: None Abstain: None Vote: 6-0 5. DISCUSSION 5A. BOB JONES ART UPDATE Community Relations Manager Vicky Schiber presented the Bob Jones Art update to the Arts Council and was available to answer questions. Direction to Staff: None. C716,11ky/ f11111[W_w W_1 A ill a II -Al 9 :4 Community Relations Manager Vicky Schiber presented the Park Village Art update to the Arts Council and was available to answer questions. Direction to Staff: Investigate the possibility of a dedication. 5C. ARIA- SOUND SYSTEM UPDATE APEX Arts League Chair Terri Messing presented item 4C for discussion and was available to answer questions. Direction to Staff: Schedule a meeting with Jason Tamplin, appropriate City staff, and three designated Arts Council members to review current technology. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-2 Minutes of the May 25, 2021 Southlake Arts Council Meeting Page 3 of 4 5D. STARS AND STRIPES COLORING STATION Community Relations Manager Vicky Schiber presented item 4D for discussion and was available to answer questions. Direction to Staff: None 5E. HISTORICAL SOCIETY ART WRITE UPS Community Relations Manager Vicky Schiber and APEX Arts League Chair Terri Messing presented item 4E for discussion and was available to answer questions. Direction to Staff: Create a mockup text for the plaque(s). 5F. AGREEMENT WITH HISTORICAL SOCIETY Community Relations Manager Vicky Schiber presented item 4F to the Arts Council and was available to answer questions. Direction to Staff: Provide the original agreement for the next Arts Council meeting to review. 5G. SOUTHLAKE ART TALENT APEX Arts League Chair Terri Messing and Arts Council member Deanna Kienast presented item 4G to the Arts Council and was available to answer questions. Direction to Staff: None. 5H. PUBLIC ARTS TOUR Community Relations Manager Vicky Schiber and Arts Council Chair Tamara McMillan presented item 4H to the Arts Council and was available to answer questions. Direction to Staff: None. 51. FY 2022 BUDGET Community Relations Manager Vicky Schiber presented item 41 to the Arts Council and was available to answer questions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-3 Minutes of the May 25, 2021 Southlake Arts Council Meeting Page 4 of 4 Direction to Staff: Provide an overview of FY 2021 expenditures at next meeting. 5J. FALL EXHIBIT Arts Council Vice Chair Jesika Cook presented item 4J to the Arts Council and was available to answer questions. Direction to Staff: Follow up with Artist JD Miller and additional information regarding the event. 6. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 7:30 p.m. Motion: Cook Second: Terrazas Ayes: Cook, Engelhardt, Kienast, McMillan, Messing, Terrazas Nays: None Abstain: None Vote: 6-0 Tamara McMillan, Chair Attest: Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 3A-4 CITY OF SOUTH LAKE MEMORANDUM August 20, 2021 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Recommendation on renewal of Community Services Agreement with APEX Arts League for the term October 1, 2021 — September 30, 2024 Action Requested: Southlake Arts Council recommendation on the renewal of the Community Services Agreement with APEX Arts League for the term October 1, 2021 — September 30, 2024. Background Information: The City works with non-profit community organizations such as APEX 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 is for a three-year period, October 1, 2021 - September 30, 2024. APEX will schedule twelve (12) professional programs or events featuring local talent at minimal or no cost to the public between October 1st and September annually, during 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. The proposed agreement mirrors their previous agreement with the exception of the following changes: City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — August 24, 2021 Page 2 of 3 Financial Considerations • Change the reporting requirement to an annual report with a detailed budget sheet at the end of each fiscal year, instead of an annual report at the end of each calendar year. • Remove the City's requirement to publish information about APEX Arts League in the quarterly editions of the Experience Southlake Magazine, as the magazine is no longer published. In consideration for the services rendered by APEX on behalf of Southlake citizens, the City agrees to an annual payment of $6,000 to APEX which will be dispersed by November 1st of each year. In addition, $3,000 will be budgeted annually in the Public Art Fund for cultural arts programming. Final payment amount is subject to City Council authorization. A copy of the Community Services Agreement, detailing the organization's scope of services and the City's obligations, and highlighting the proposed changes is attached. Funding for the Community Services Agreement is included in the proposed FY 2022 annual budget and will also be included in subsequent budget proposals for FY 2023 and FY 2024 as required by the term of the agreement. 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 has reviewed the proposed agreement and been notified of the board and city council approval process. Southlake Arts Council recommendation August 24, 2021 City Council consideration September 7, 2021 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 — August 24, 2021 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 APEX Community Services Agreement • Current APEX Community Services Agreement (October 1, 2018 — September 30, 2021) Staff Recommendation: Southlake Arts Council recommendation to approve the renewal of the Community Services Agreement with APEX Arts League for the term October 1, 2021 — September 30, 2024. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork 4A-3 DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B AGREEMENT BETWEEN CITY OF SOUTHLAKE AND APEX ARTS LEAGUE STATE OF TEXAS § 0 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 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. DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B Community Services Agreement with Apex Arts League Page 2 of 8 SECTION2 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 boardof 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, Milenka Lopez, Assistant to the Director of Community Services of the City, annual 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 4A-5 DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B 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, 2021 and endina Seatember 30, 2024. 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, including suits for damages and recovery of attorney's fees are specifically waived by both parties. DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B Community Services Agreement with Apex Arts League 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. 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. 4A-7 DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B 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 tobe changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF the City an AAL have executed this Agreement as of This day of , 202_. CITY OF SOUTHLAKE Mayor, City of Southlake ATTEST: Amy Shelley, TRMC City Secretary APE Segue [ 7-�2� FE693&€� Chairman, APEX Arts League Approved as to form and legality City Attorney DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B i�m DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B 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: Chairman c. Phone: 817.307.2224 d. Email Address: terrimessinq(overizon.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: Milenka Lopez b. Title: Assistant to the Director of Community Services c. Phone: 817.748.8963 d. Email Address: mlopez(ab-ci. southlake. tx. us DS V 4A-1 O DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B Community Services Agreement with Apex Arts League Page 7 of 8 2. Provide a presence on www.CitvofSouthlake.com and/or www.experiencesouthlaketexas.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.MvSouthiakeNews.com and/or www.CityofSouthlake.com and/or www.experiencesouthlaketexas.com . Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. Provide access to the City's logo for use by AAL. Such use is subject to review and approval by the Community Relations Coordinator. 5. Provide at no cost to AAL in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake, 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. 6. Provide to AAL in accordance with current policies, guidelines and reservation fee schedule, for the use of City facilities at The Marq Southlake. Requests for reservations at The Marq Southlake shall follow current reservation procedures and fee schedule as outlined in the City's Fee Schedule. 7. AAL may partner with the City to utilize The Marq, waving the reservation fee, under the following guidelines: • Up to four (4) programs or events may be hosted at The Marq Southlake. An event or a program is considered as a 1-day event, not to exceed 8 hours • Programs or events may not be hosted on peak weekends, Friday evenings or as a full Saturday event • For preferred date, events should be booked six (6) months in advance • Events must be in partnership with the City of Southlake, and must be open to the public • APEX may sell tickets -retaining all ticket proceeds --to directly offset the cost of the event or program, but may not utilize the event or program as a fundraiser DS 4A-11 DocuSign Envelope ID: 18E2FB77-7656-44DF-B1A5-27007F5D2F2B Community Services Agreement with Apex Arts League Page 8 of 8 • A post-event/program report detailing expenses, revenue, and attendance must be submitted to the APEX liaison within 30 business days of the event 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 fiscal year (September 30). B. AAL will provide an assessment of value, including a detailed budget sheet, that their program created in the community for the period of the contract at the end of each fiscal year. DS 4A-12 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 a Renewal 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. 4A-13 Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 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, annual 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 4A-14 Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 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. 2018 and ending September 30, 2021. 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, including suits for damages and recovery of attorney's fees are specifically waived by both parties. 4A-15 Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 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. 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 QF 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. 4A-16 Community Services Agreement with Apex Arts League Approved by City Council 9118118 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 wrung and signed by the part to be changed therewith. This document may be executed in duplicate originals. IN WITNESS WHEREOF thp City and AAL have e ecuted this Agreement as of this ) day of &S v- 201 ATTEST: �-L Carol Ann Borges, TRMC City Secretary Apprqued as 0 City Attorney and �pgality: SOUT ,oWie1%r,J City of Southlake SOU 4, �s APEX Arts League airma �,XPrks Legg 6'd 000V L9Z L 68 4A-17 buisseN NaeW d l L� 60 26 0Z des Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 Page 6of8 10 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, AAL shall provide the following services: 1. AAL staff contact person to servekas4a1 5"'Oetween AAL' d,the City: a. Name: Terri Messing b. Title: President c. Phone: 817.251.4300 d. Email Address: terrimessing6a?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 prograrps or evprtts featuring local talent at minimal or no�,apA a,.tht?r-pubwc OL-I! e�n 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. 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: ctucke raci. south lake. tx. us Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 Page 7 of 8 2. Provide a presence on www.Cit of South lake.com and/or www.experiencesouthlaketexas.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 and/or www.experiencesouthlaketexas.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 Experience Southlake magazine 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 Community Relations Coordinator, 6. Provide at no cost to AAL in accordance with current policies and guidelines, the use of City facilities, excluding The Marq Southlake, 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 reservation fee schedule, for the use of City facilities at The Marq Southlake. Requests for reservations at The Marq Southlake shall follow current reservation procedures and fee schedule as outlined in the City's Fee Schedule. 8. AAL may partner with the City to utilize The Marq, waving the reservation fee, under the following guidelines: ■ Up to four (4) programs or events may be hosted at The Marq Southlake. An event or a program is considered as a 1-day event, not to exceed 8 hours • Programs or events may not be hosted on peak weekends, Friday evenings or as a full Saturday event • For preferred date, events should be booked six (6) months in advance ■ Events must be in partnership with the City of Southlake, and must be open to the public ■ APEX may sell tickets -retaining all ticket proceeds --to directly offset the cost of the event or program, but may not utilize the event or program as a fundraiser 4A-1 9 Community Services Agreement with Apex Arts League Approved by City Council 9/18/18 Page 8 of 8 A post-event/program report detailing expenses, revenue, and attendance must be submitted to the APEX liaison within 30 business days of the event 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 year. 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. CITY OF SOUTHLAKE MEMORANDUM August 20, 2021 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Recommendation on renewal of Community Services Agreement with Arts Council Northeast for the term October 1, 2018 — September 30, 2021 Action Requested: Southlake Arts Council recommendation on the renewal of the Community Services Agreement with Arts Council Northeast for the term October 1, 2021 — September 30, 2024. Background Information: The City works 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 is for a three-year period, October 1, 2021 — September 30, 2024. Arts Council Northeast will provide a minimum of six (6) and a maximum (10) concert events free to the public for the term of the agreement. Actual number of concerts will be dependent upon schedule requests and market pricing. 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 the proposed performances. The proposed agreement mirrors their previous agreement with the exception of the following changes: • Change the reporting requirement to an annual report with a detailed budget sheet at the end of each fiscal City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date — August 24, 2021 Page 2 of 3 Financial Considerations: year, instead of an annual report at the end of each calendar year. • Remove the City's requirement to publish information about Arts Council Northeast in the quarterly editions of the Experience Southlake Magazine, as the magazine is no longer published. In consideration for the services rendered by Arts Council Northeast on behalf of Southlake citizens, the City agrees to an annual payment of $22,000 to Arts Council Northeast which will be dispersed by November 1st of each year. Final payment amount is subject to City Council authorization. A copy of the Community Services Agreement, detailing the organization's scope of services and the City's obligations, and highlighting the proposed changes is attached. Funding for the Community Services Agreement is included in the proposed FY 2022 annual budget, and will also be included in subsequent budget proposals for FY 2023 and FY 2024 as required by the term of the agreement. 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 24, 2021 City Council consideration September 7, 2021 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 — August 24, 2021 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 • Current Arts Council Northeast Community Services Agreement (October 1, 2018 — September 30, 2021) Staff Recommendation: Southlake Arts Council recommendation to approve the renewal of the Community Services Agreement with Arts Council Northeast for the term October 1, 2021 — September 30, 2024. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork AGREEMENT BETWEEN CITY OF SOUTHLAKE AND ARTS COUNCIL NORTHEAST STATE OF TEXAS § M COUNTY OFTARRANT § 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 liaisons as outlined in the attached Appendix, Section A. 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 Milenka Lopez, Assistant to the Director of Community Services of the City, annual 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 Community Services Agreement with Arts Council Northeast Page 3 of 8 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, 2021 and ending September 30, 2024. 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. 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. Community Services Agreement with Arts Council Northeast 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 ARTS COUNCIL NORTHEAST have executed this Agreement as of this day of 2021. CITY OF SOUTHLAKE Mayor, City of Southlake ATTEST: Amy Shelley, TRMC City Secretary ARTS COUNCIL NORTHEAST Chairman of the Board, Arts Council Northeast Approved as to form and legality: City Attorney Community Services Agreement with Arts Council Northeast DRAFT 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: Stephen Thornton b. Title: V.P. Operations c. Phone: 817-995-9647 d. Email Address: stapecoachpreserve(cD_gmai1.com 2. Perform minimum of six (6) and a maximum of ten (10) events free to the public between October 1 and September 30 annually for the term of the agreement. Actual number of concerts will be dependent upon schedule requests and market pricing. 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 Community Services Agreement with Arts Council Northeast DRAFT Page 7 of 8 the City liaison may participate with the ARTS COUNCIL NORTHEAST board at all scheduled meetings. a. Name: Milenka Lopez b. Title: Assistant to the Director of Community Services c. Phone: 817.748.8963 d. Email Address: mlopez(cDci.southlake.tx.us 2. Provide a presence on www.CityofSouthlake.com and/or www.visitsouthlaketexas.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.CitvofSouthlake.com and/or www.visitsouthlaketexas.com. Any and all information in such press releases will be subject to review and possible revision prior to posting. 4. 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. 5. 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. ARTS COUNCIL NORTHEAST may utilize Aria at The Marq Southlake for the Masterworks Concert Series. Requests for use of City facilities shall follow current reservation procedures as outlined in the Facility Use Policy. 6. Provide to ARTS COUNCIL NORTHEAST in accordance with current policies, guidelines and reservation fee schedule, for the use of City facilities at The Marq Southlake.. 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: Community Services Agreement with Arts Council Northeast DRAFT Page 8 of 8 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 fiscal year (September 30). B. ARTS COUNCIL NORTHEAST will provide an assessment of value, including a detailed budget sheet, that their program created in the community for the period of the contract at the end of each fiscal year. 4B-11 o 311 i, AGREEMENT BETWEEN����! CITY OF SOUTHLAKE AND 1 �] 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 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 liaisons as outlined in the attached Appendix, Section A. 4B-12 Community Services Agreement with Arts Council Northeast Approved by City Council 9/18/18 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, annual 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 4B-13 Community Services Agreement with Arts Council Northeast Approved by City Council 9/18/18 Page 3 of 8 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, 2018 and ending September 30, 2021. 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. Community Services Agreement with Arts Council Northeast Approved by City Council 9118118 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. 4B-15 Community Services Agreement with Arts Council !Northeast Approved by City Council 9/18/18 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 andRTS COUNCIL NORTHEAST have executed this Agreement as of this -J8— day off4.++�� 2011 ATTEST: &Z'b� d,*"h Carol Ann Borges, TRMC City Secretary ARTS COUNCIL NORTHEAST Chairman of the Board, Arts Council Northeast ApproveO as to form an egality. City Attorney Community Services Agreement with Arts Council Northeast Approved by City Council 9/18/18 Page 6 of 8 AGREEMENT BETWEEN CITY OF SOUTHLAKE AND ARTS COUNCIL NORTHEAST APPENDIX SECTION A SCOPE OF SERVICES A. In return 4or'p`a'yr'nent describeWin 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: Bobbie McFarland b. Title: V.P. Operations c. Phone: 89 7-283-3406 d. Email Address: bmcfarland@artsocouncilnortheast.org 2. Perform minimum of six (6) and a maximum of ten (10) concert events free to the public between October 1 and',S`e�tecib�r0, anriG'ally,, ,for the term of the agreement. Actual number of concerts will be dependent upon schedule requests and market pricing. 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 Community Services Agreement with Arts Council Northeast Approved by City Council 9/18/18 Page 7 of 8 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 c. Phone: 817, 748.8036 d. Email Address: ctucket@ci.southlake.tx.us 2. Provide a presence on www.cityofSouthlake.com and/or www.experiencesouthlaketexas.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 and/or www.experiencesouthlaketexas.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 Experience Southlake magazine 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. ARTS COUNCIL NORTHEAST may utilize Aria at The Marq Southlake for the MasterWorks Concert Series. 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 reservation fee schedule, for the use of City facilities at The Marq Southlake. 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: Community Services Agreement with Arts Council Northeast Approved by City Council 9/18118 Page 8 of 8 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 year. 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. 2021 Southlake Arts Council Attendance Report 1 Deanna Kienast Rate 100% ' Date 5.25 Average Monthly Attendance Rate 2021 67% 2 Mimi Tran X X X X X 17% 0.75 3 Beatriz Terrazas V X V 83% 4.25 4 Terri Messing V V V 100% 5.25 5 Heather Engelhardt X X X 50% 2.75 6 Jesika Cook X 83% 5 7 Tamara McMillan 100% 5.25 Alt 1 Nadia Hassan X X X X X X 0% 0 Meeting Attendance Rate (includes substitutions) 63% 75% 63% 63% 63% 75% 40 in attendance Total Hrs Per Month 0.75 0.75 0.25 1 1 1.5 5.25 X Not in attendance, no substitute w Substitute in attendance • Vacant position Meeting Canceled Meeting Canceled due to no quorum Change in Representative