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2022-08-23 SLAC PacketSouthlake Arts Council Meeting August 23, 2022 CITY OF SOUTHLAKE MEMORANDUM August 19, 2022 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, August 23, 2022, at 6:00pm The meeting will be held on Tuesday, August 23, 2022, at Champions Club Hall of Fame rooms. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez(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 June 28, 2022, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 4. Agenda Item No. 4. Consider A. Approval of FY 23 Art Exhibits and Receptions- This item allows consideration of all FY 23 Art Exhibits and Receptions. Four Public Art Display Permits, the signed Alcohol Variance, and the Public Art Policy are included in the packet. B. Recommendation of Amended Communitv Services Agreement with APEX Arts League- This item allows recommendation of an amended Community Services Agreement with APEX Arts League. The Amended Community Services Agreement is included in your packet. C. Recommendation of Amended Community Services Agreement with Arts Council Northeast- This item allows recommendation of an amended Community Services Agreement with Arts Council Northeast. The Amended Community Services Agreement is included in your packet. Southlake Arts Council Meeting August 23, 2022 5. Agenda Item No. 5. Discussion A. Fall Exhibit Discussion- This item allows for a discussion of the Fall Exhibit. No packet document. B. Aria Sound System Update- This item allows for an update on the improvements to the Aria Sound System. No packet document. C. Liberty Garden Statue Update- This item allows for an update about the Liberty Gardens Statue. No packet document. D. FY23 Events Discussion- This item allows for a discussion of the FY23 Events. No packet document. E. Website Update- This item allows for a Southlake Public Art website update. 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(a_ci.south lake.tx.us Vicky Schiber, Community Relations Manager, vschiber(a)ci.south lake.tx.us CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL Tuesday August 23, 2022 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 June 28, 2022, Southlake Arts Council meeting 4. Consider A. Approval of FY 23 Art Exhibits and Receptions B. Recommendation of Amended Community Services Agreement with APEX Arts League C. Recommendation of Amended Community Services Agreement with Arts Council Northeast 5. Discussion A. Fall Exhibit Discussion B. Aria Sound System Update C. Liberty Garden Statue Update D. FY 23 Events Discussion E. Website Update 6. Adjournment City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Southlake Arts Council Meeting Date —August 23, 2022 Page 2 of 2 I hereby certify that the Main Street, Southlake, O� Amy khe%y, T City Secretary : v If you plan to attend this pubre me at 817.748.8016 reasonable a� CERTIFICATE abov,V,Agenda was posted on the official bulletin boards at Town Hall, 1400 ay, August 19, 2022, by 6:00 p.m. pursuant to Chapter 551 of D .C/) A`ItKLand haya'a dis4 ity that requires special needs, please advise the City Secretary 48 hours in advance prnodatid'ns�Iill bsAade to assist %1/ r'* * �``%%% City of Southlake Values: Integrity ♦ Innovation ♦ Accountability 4 Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: JUNE 28, 2022 LOCATION: The Marq Southlake 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, and Southlake Arts Council members; Julie Doyle, Beatriz Terrazas, Terri Messing, Alison Viktorin and Leslie Walker SOUTHLAKE ARTS COUNCIL ABSENT: Southlake Arts Council Vice -Chair Deanna Kienast and Alternate #1 Nadia Hassan STAFF PRESENT: Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber CITY COUNCIL MEMBER PRESENT: Council Member Kathy Talley REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:03p.m. 2. PUBLIC FORUM Chair McMillan opened the Public Forum at 6:03p.m. There being no one present to address the Arts Council, the Public Forum was closed at 6:03p.m. 3. CONSENT CONSENT AGENDA Consent Agenda items are considered routine by the Arts Council and are enacted with one motion. 3A. APPROVAL OF THE MINUTES FROM THE MAY 24, 2022, SOUTHLAKE ARTS COUNCIL MEETING Chair McMillan presented the Consent Agenda, including approval of the minutes of the May 24, 2022, Southlake Arts Council meeting. Chair City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-1 Minutes of the June 28, 2022 Southlake Arts Council Meeting Page 2 of 5 McMillan asked if there were any revisions to the minutes. No revisions were discussed. APPROVED A motion was made to accept the minutes of the May 24, 2022, meeting as read. Motion: Walker Second: Messing Ayes: Doyle, Viktorin, McMillan, Messing, Walker Nays: None Abstain: None Vote: 6-0 Motion passed. C�d�P►�91 �7 �:7 4A. APPROVAL OF CANCELLING THE JULY 26, 2022, SOUTHLAKE ARTS COUNCIL MEETING Chair McMillan proposed cancelling the July 26, 2022, Southlake Arts Council meeting to coincide with City Council's summer schedule. APPROVED A motion was made to approve cancelling the July 26, 2022, Southlake Arts Council meeting. Motion: Terrazas Second: Walker Ayes: Walker, Terrazas, Messing, Doyle, Viktorin, McMillan Nays: None Abstain: None Vote: 6-0 Motion passed. 4B. RECOMMENDATION OF THE FY 23 PUBLIC ART FUND BUDGET Assistant to the Director Milenka Lopez presented the proposed FY 23 Public Art Fund Budget and was available to answer questions. Chair McMillan asked for clarification about the Art Consultant Services and Milenka Lopez and Vicky Schiber explained the services provided to the City through our contract with an art consultant. Chair McMillan also asked for clarification about the advertising budget, and Community Relations Manager City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-2 Minutes of the June 28, 2022 Southlake Arts Council Meeting Page 3 of 5 Schiber explained that it is used for printing event signs. Arts Council Member Walker asked where the funding came for large-scale statues and art projects, and Community Relations Manager Schiber explained that money is transferred to the Arts Fund from the CIP budget annually for the installment of Public Art. Chair McMillan asked if there was a motion to recommend the FY 23 Public Art Fund Budget to City Council. APPROVED A motion was made to recommend the FY 23 Public Art Fund Budget to City Council. Motion: Doyle Second: Walker Ayes: Walker, Terrazas, Messing, Doyle, Viktorin, McMillan Nays: None Abstain: None Vote: 6-0 Motion passed. 4C. RECOMMENDATION ON PROPOSED MURAL FOR LULULEMON LOCATED AT 233 GRAND AVENUE - Dallas -based artists, Kyle Steed presented two concepts for a proposed mural for Lululemon located at 233 Grand Avenue and was available to answer questions. Arts Council member Messing stated that she preferred the second concept due to the shapes and lines and unique style. She stated that she liked the boxes and different aspects of the second concept and believes it is more family -friendly than the first option. She stated the first option can be interpreted to be suggestive. She didn't like the negative space present in the first concept. Arts Council Chair Tamara McMillan stated that the second concept is more playful and lends itself more to people taking selfies and engaging with the art. Arts Council member Viktorin agreed and stated that people could pick a box of the second concept to take a picture with. Arts Council member Messing stated that the colors and hand reaching out in the second option really flows well with the activities inside Lululemon. She stated that doing a mural like this is a push for the arts community but is also a testament of how far the Arts Council has come. Arts Council member Viktorin wanted to know the thought process behind each individual box in the second concept. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-3 Minutes of the June 28, 2022 Southlake Arts Council Meeting Page 4 of 5 Arts Council member Walker stated that the first concept doesn't quite fit the space, but she really likes the second concept. The overall consensus from the Arts Council members was that they liked the second concept over the first one. A motion was made to recommend the second concept presented for the proposed mural for Lululemon located at 233 Grand Avenue. Motion: Doyle Second: Terrazas Ayes: Walker, Terrazas, Messing, Doyle, Viktorin, McMillan Nays: None Abstain: None Vote: 6-0 Motion passed. 5. DISCUSSION 5A. FALL EXHIBIT DISCUSSION Assistant to the Director Milenka Lopez presented all proposed artists and asked the Arts Council to finalize a date for the Fall Reception. Direction to staff: The first -choice artist is Justin Terveen. Second and third choice artists are Nancy Medina and Chris Brandley, respectively. The finalized date for the Fall Exhibit Reception will be Sunday, October 2, 2022, with art going up on Monday, September 12, 2022, at 10.00 AM. 5B. STARS AND STRIPES AND SPRING EXHIBIT DISCUSSION Community Relations Manager Vicky Schiber was available to answer questions regarding the upcoming Stars and Stripes community event. She presented a bracelet -making craft idea to the Arts Council and asked if they were interested. Direction to Staff: bring craft to Stars and Stripes festival 5C. ARIA SOUND SYSTEM UPDATE Assistant to the Director Milenka Lopez presented updates about the Aria Sound System Update and was available to answer questions. Direction to Staff: none City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-4 Minutes of the June 28, 2022 Southlake Arts Council Meeting Page 5 of 5 5D. LIBERTY GARDEN STATUE UPDATE Assistant to the Director Milenka Lopez presented updates about the Liberty Garden Statue and was available to answer questions. Direction to Staff: none 4E. WEBSITE UPDATE Community Relations Manager, Vicky Schiber presented updates made to the Arts Council webpages and was available to answer questions. Direction to Staff: Continue working on the webpages. 1310111NZIJi14ZkI APPROVED A motion was made to adjourn the meeting at 7:11 p.m. Motion: Doyle Second: Walker Ayes: Doyle, Viktorin, McMillan, Messing, Terrazas, Walker Nays: None Abstain: None Vote: 6-0 Motion passed. Tamara McMillan, Chair Attest: Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-5 CITY OF SOUTHLAKE MEMORANDUM August 19, 2022 To: Southlake Arts Council From: Milenka Lopez Assistant to the Director Subject: Approval of Art Display Permits for FY2023 Art Gallery Exhibits and Receptions Action Requested: Southlake Arts Council approval of art display permits for FY2023 art gallery exhibits and receptions. Background Information: Each year the Southlake Arts Council partners with select collaborators and community groups to bring art to the community. The purpose of this item is to consider the permits allowing for all FY2023 exhibits and receptions, including: • Fall 2022 Art Exhibit o Exhibit: 9/12 — 10/28 o Reception: 10/02, 5:00-6:30PM • Art in the Square o Exhibit: 02/17 — 04/24 o Reception: 02/19, 5:00-6:30PM • Southlake Presents o Exhibit: 5/12- 6/30 o Reception: 5/14, 5:00-6:30PM • Southlake Historical Society Summer Exhibit o Exhibit: 7/08- 09/11 o Reception: 7/09 tentative For each exhibit, the artwork will not exceed 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The pieces will be placed based on size and aesthetic concerns related to color and composition. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Southlake Arts Council Meeting Date — August 23, 2022 Page 2 of 2 The art gallery receptions will be held in the Town Hall lobby on Sundays from 5:00 — 6:30pm. The receptions will require 100% of the lobby area and will include refreshments and entertainment. The permits for the exhibits and receptions comply with provisions of the Public Art Display and Performance Policy. A copy of each permit is attached for your review. Financial Considerations: The FY 23 Public Art Budget allocates up to $2,000 for each gallery reception (excluding the Southlake Historical Society event which is funded by the independent organizations). The budget includes funding for refreshments, entertainment, and marketing. Funding will be available in the FY2023 Public Art budget pending City Council approval. Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and volunteer involvement and enhancing the sense of community by providing excellent customer service and citizen engagement opportunities. Citizen Input/ Board Review: Southlake Arts Council consideration August 23, 2022 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the permits as presented Approve the permits with modifications Decision not to approve the permits Supporting Documents: • Permit Application: Art in the Square • Permit Application: Fall Art Exhibit • Permit Application: Southlake Presents • Permit Application: Southlake Historical Society • Signed Alcohol Variance • Public Art and Display Policy Recommendation: Southlake Arts Council approval of art display permits for the FY2023 art gallery exhibits and receptions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby Person Responsible: Milenka Lopez Cell Phone: 469-774-3613 Address: 285 Shady Oaks Dr Alternative Contact: CONTACT INFORMATION Phone: 817-748-8963 E-Mail Address: mlopez(o-)ci.south lake.tx.us City: Southlake State: TX Zip: 76092 Name: Terri Messing (APEX Arts League and Southlake Women's Club) Phone Number: 817-307-2224 E-mail: terrimessing (dverizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, February 19, 2023, from 5:00 PM- 6:30 PM 2) Exhibit -February 17, 2022 - April 24, 2023 (Art in the Square weekend) Type of Display or performance: 1) Reception —The Strokes of Art in the Square gallery reception will be held to kick-off the annual Art in the Square festival 2) Exhibit- The Strokes of Art in the Square exhibit will showcase artwork from the 2023 Art in the Square Featured Artists Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artists, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. Item 4A-3 2. Exhibit- The exhibit will feature art pieces from the 2023 Art in the Square Featured Artists The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council, APEX Arts League, and Art in the Square (Southlake Women's Club). Publicity for the exhibit and the reception will be provided by the City of Southlake, APEX Arts League, and Art in the Square. Organization Represented: Southlake Arts Council, APEX Arts League, Southlake Women's Club Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X_ Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-4 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of the Southlake Arts Council Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mlopez .ci.southlake.tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Terri Messing (APEX Arts League and Southlake Arts Council) Phone Number: 817-307-2224 E-mail: terrimessing(a_verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, October 2, 2022, from 5:00 PM- 6:30 PM 2) Exhibit -September 12, 2022 — October 28, 2022 Type of Display or performance: 1) Reception —The Arts Council Fall Exhibit gallery reception will be held to kick-off the exhibit 2) Exhibit- The Southlake Arts Council Fall Exhibit will showcase artwork from one local DFW artist. The Southlake Arts Council currently plans to exhibit work by Justin Terveen. The theme of the exhibit will be Texas weather and storm chasing. Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artist, Item 4A-5 entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. 2. Exhibit- The exhibit will feature art pieces from the 2022 Fall Exhibit chosen artist, Justin Terveen. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and APEX Arts League. Publicity for the exhibit and the reception will be provided by the City of Southlake, and APEX Arts League. Organization Represented: Southlake Arts Council and APEX Arts League Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-6 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of the Southlake Arts Council Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mlopez(cD.ci.south lake.tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Terri Messing (APEX Arts League and Southlake Arts Council) Phone Number: 817-307-2224 E-mail: terrimessing (a)verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, May 14, 2023, from 5:00 PM- 6:30 PM 2) Exhibit -May 12, 2022 — June 30, 2023 Type of Display or performance: 1) Reception —The Southlake Presents gallery reception will be held to kick-off the exhibit 2) Exhibit- The Southlake Presents exhibit will showcase artwork from the 2023 local Featured Artists Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Reception- the art gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, recognition of the artists, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. Item 4A-7 2. Exhibit- The exhibit will feature art pieces from the 2023 Southlake Presents Artists. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and APEX Arts League. Publicity for the exhibit and the reception will be provided by the City of Southlake, and APEX Arts League. Organization Represented: Southlake Arts Council and APEX Arts League Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X_ Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-8 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of the Southlake Historical Society Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mlopez .ci.southlake.tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Connie Cooley (Southlake Historical Society) Phone Number: 817-223-9606 E-mail: cecooley(cb-verizon.net DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Reception— Sunday, July 09, 2023, from 5:00 PM- 6:30 PM 2) Exhibit -July 08- August 19, 2023 Type of Display or performance: 1) Reception —The Southlake Historical Society gallery reception will be held to kick-off the exhibit 2) Exhibit- The Southlake Historical Society Summer Exhibit will showcase the Humanities Texas Lonesome Dove traveling exhibit. The Lonesome Dove exhibition presents classic images taken during filming by Bill Wittliff, renowned photographer, writer, and executive producer (with Suzanne De Passe) of Lonesome Dove. Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: Item 4A-9 1. Reception- the gallery reception will require 100% of the lobby area in Town Hall. The reception will include a program that will feature brief speeches by event sponsors, entertainment, and refreshments. The reception will be managed and arranged in the same manner as previously approved events. 2. Exhibit- The exhibit will feature pieces from the 2023 Southlake Historical Society Summer Exhibit, Lonesome Dove Traveling Exhibit. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and Southlake Historical Society. Publicity for the exhibit and the reception will be provided by the City of Southlake, and Southlake Historical Society. Organization Represented: Southlake Historical Society Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes X No Item 4A-10 CITY OF SOUTH LAKE MEMORANDUM June 30, 2022 To: Shana K. Yelverton, City Manager From: Milenka Lopez, Assistant to the Director Subject: Request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2023 Public Art Exhibit Receptions Action Requested: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2023 Public Art Exhibit Receptions Background Information: FY2023 Events • Arts Council Fall Art Exhibit Reception o Sunday, October 2, 5:00-6:30 PM • Strokes of Art in the Square Reception o Sunday, February 19, 5:00-6:30 PM • Southlake Presents Reception o Sunday, May 14, 5:00-6:30 PM • Southlake Historical Society Summer Exhibit Reception o Sunday July 9, 5:00-6:30 PM All receptions will be held after business hours. A certificate of liability insurance, meeting or exceeding all city liability requirements, will be provided to the Community Relations Manager prior to each event. Receptions will include entertainment and refreshments. The event sponsors, APEX, Southlake Women's Club, and the Southlake Historical Society feel serving wine during the City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-11 reception will enhance the event, encourage attendance, increase participation in arts and culture and will create the feel of a true upscale gallery reception event. Apex Arts League, and the Historical Society, will comply with all TABC regulations and will hire an off -duty police officer to encourage a safe and enjoyable atmosphere during the event. Insurance coverage with the City named as an additional insured has also been obtained by Apex and the Historical Society. A variance to the Facility Use Policy that prohibits the possession or the consumption of alcoholic beverages in City facilities may be granted, upon request, at the discretion of the City Manager. Each year since FY14 the City Manager has approved a similar variance request for annual gallery exhibit events. Staff Recommendation: City Manager approval of the request for Variance to the City's Facility Use Policy to allow alcohol in Town Hall for the FY2023 Public Art Exhibit Receptions. APPROVAL: City Manager Date /X1, �2--Zq-72 D puffy- ector of dommunity Services Date City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-12 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Policy: Display and/or Performance of art in public facilities or other city properties Source: City Council Effective Date: 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City's core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places — Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 04/19/2016 City Council Approved (7-0) Item 4A-13 Public Art Display and/or Performance Policy Page 2 of 12 3.2 Artwork — Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. 3.3 Artist — A practitioner in the visual and/or performing arts generally recognized by critics and peers as a professional of serious intent and recognized ability that produces fine works of arts. 3.4 City — Shall mean the City of Southlake, Texas. 3.5 Deaccession — The removal, relocation, selling, auctioning, or trading of artworks owned by the City. 3.6 Donations (and Gifts) — Arts donated to the City from a private individual or institution and/or other outside sources. 3.7 Loan — Works of art provided to the City to display for a predetermined period of time and to be returned to the owner after the loan period has expired. 3.8 Southlake Arts Council - A board appointed by the City Council that makes recommendations to the City Council regarding the public arts program. 3.9 Permanent arts in public places - Any visual work of art displayed in City parks, rights of way, or the interior/exterior of any City facility. 3.10 Donor - An individual, private company, community group, or other organization who places artwork in City parks, rights of ways, the interior or exterior of any City facility and/or private facilities and/or properties. 3.11 Public Arts Collection — Consists of all City of Southlake owned or controlled fine works of art. 3.12 Art Exhibit Agreement — Agreement that will exist between the City of Southlake and artists who display temporary exhibits in city facilities or on city property. 3.13 Temporary arts in City facilities or property — Any visual or performing work of art in city facilities or property. 3.14 Facility Arts Display Performance Use Permit - Form is required to be filled out and processed by staff for Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. 04/19/2016 City Council Approved (7-0) Item 4A-14 Public Art Display and/or Performance Policy Page 3 of 12 4.0 Placement of temporary art exhibits or performances at public facilities or other city property: 4.1 Planned Visual Art Exhibits, temporary — The Southlake Arts Council may present up to three Calls to Artists per annum and would select the artist(s) to present artwork in accordance with the Call to Artist SOP. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times per year with one of those times being reserved for CISD student art. Art exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.2 Ad Hoc Visual Arts Exhibits, temporary — Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by staff. A Facility Arts Display/Performance Form will need to be submitted to the Arts Council liaison at least six weeks in advance of the showing. The Southlake Arts Council will review and approve or deny all applications in order to determine appropriateness of the application in a requested venue. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.3 Performing Arts Programs, temporary — These programs are limited to single performances. A Facility Arts Display/Performance Form will need to be submitted to the Southlake Arts Council liaison at least six weeks in advance of the performance and will be subject to review and approval by the Southlake Arts Council. City sponsored performances in City facilities that are not generally used for programming will be the responsibility of the department or division sponsoring or providing the event. The sponsoring department or division is responsible for submitting proper forms to the Southlake Arts Council liaison. City department art displays, 04/19/2016 City Council Approved (7-0) Item 4A-15 Public Art Display and/or Performance Policy Page 4 of 12 events or programs may be available for Southlake Arts Council review but not approval; all other applications will require Southlake Arts Council review and approval. 4.4 Donated art to be placed in public facilities — Donated art will be reviewed by the Southlake Arts Council and a recommendation will be made to the City Council for placement of the art in a city facility or on city property. Credence and a clear preference will be given to location indicated by donor, but the City Council will make any and all final determinations on placement. 4.5 Art Exhibit Agreement — Art displayed on a temporary basis will require that the artist and the City of Southlake sign an agreement that determines the length of time for displays. Key components are: 4.5.1 Artwork and agency: The artist shall agree to lend his/her artwork for temporary display at no cost to the city; 4.5.2 Installation and curatorship: The artist shall deliver the artwork in a form that is ready for immediate display; 4.5.3 Artist's assumption of liability and waiver removal of artwork: The artist shall acknowledge and agree that the City will not provide security for the exhibition, including without limitation, set up, operation and tear down of the exhibit, and the City should not, for any reason, be liable for lost, stolen, or damaged artwork and/or any related materials associated or used with the exhibit; and, 4.5.4 Conflicting events: The City will coordinate scheduling of exhibits. Should a conflict arise between the exhibit and a function of the City, the City's event and/or function will take precedence. 4.6 Facility Arts Display Performance Use Permit: The permit is required to be filled out and processed by staff for the Southlake Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by City departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. Extensions of time can be requested for both ad -hoc and planned art displays for a period to be determined by the city staff members who administer the arts program. Any extension of time will be based on, but not limited to, the following: upcoming displays, City Manager's office requests, approval by City Council and other staff - determined administrative needs. 4.7 Sales of displayed art work: Art work that is displayed can be made available for sale by the artist, but the artist or their representative cannot actively solicit the sales of art other than passively indicating (discreetly) the artists' contact information and pricing near the artwork. The city will not be involved in any such transactions and will not solicit sales of items on behalf of an artist or their agents. 04/19/2016 City Council Approved (7-0) Item 4A-16 Public Art Display and/or Performance Policy Page 5 of 12 4.8 Art displayed and sold for fundraising: Art can be displayed and sold as part of a fundraising event, but the fundraising can only occur actively at specific events that need to be negotiated with the City. City facilities will not be a site for continuous/ongoing fundraising. Fundraising events can only occur for non-profit organizations. Applications specifically for Town Hall will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. 5.0 Placement of permanent art exhibits or pieces at public facilities or other city property: 5.1 Purchased Public Art — The placement and purchasing process of the Southlake Arts Council, which includes a Call to Artists, and subsequent selection process will be followed. The Southlake Arts Council will make recommendations on placement, artwork, and artists to the City Council who will make any and all final determinations on the said placement and the artwork/artists. 5.2 Donated Public Art - The Southlake Arts Council will make recommendations on placement to the City Council who will make any and all final determinations on the said placement of the donated art. 04/19/2016 City Council Approved (7-0) Item 4A-17 Public Art Display and/or Performance Policy Page 6 of 12 City of Southlake Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested Person Responsible: Cell Phone: Address: Zip Alternative Contact: Name: Phone Number: CONTACT INFORMATION Phone: _ E-Mail Address: City E-mail: DISPLAY or PERFORMANCE INFORMATION State Requested Date: Type of Display or performance: Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: Organization Represented: _ Non -Profit: Yes No Is this display or performance to include a fundraiser? Yes No Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Yes No Do a majority of your members, including officers, reside in Southlake? Yes No Will your event cause any impact on City staff or City resources? Yes No 04/19/2016 City Council Approved (7-0) Item 4A-18 Public Art Display and/or Performance Policy Page 7 of 12 ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Arti This Art Exhibit Agreement ("Agreement") is made and entered into this day of , by and between the City of Southlake, Texas ("City"), a Home - Rule Municipal Corporation and ("Artist") on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from through and any additional dates agreed to in writing; and, WHEREAS, the Exhibition will be located at a facility of the City of Southlake; and, WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and, WHEREAS, the City has investigated and determined that it would be beneficial and in the best interest of the City and its citizens to allow the Artist to place the artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition ("Artwork"). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist's agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from through . Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ("Removal Date"). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional ("2D") Artwork shall be wired for hanging and three dimensional ("3D") artwork must be ready for installation 04/19/2016 City Council Approved (7-0) Item 4A-19 Public Art Display and/or Performance Policy Page 8 of 12 immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist's name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City's removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY'S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 6. Representations and Warranties Regarding Copyright. Artist hereby warrants and represents that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. 04/19/2016 City Council Approved (7-0) Item 4A-20 Public Art Display and/or Performance Policy Page 9 of 12 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY'S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City's event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This 04/19/2016 City Council Approved (7-0) Item 4A-21 Public Art Display and/or Performance Policy Page 10 of 12 Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. b. Assignment. This Agreement is not assignable without the prior written consent of City. C. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. 04/19/2016 City Council Approved (7-0) Item 4A-22 Public Art Display and/or Performance Policy Page 11 of 12 For purposes of notice, the addresses of the parties shall be as follows: If to the Artist: Attn : If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison 1400 Main Street, Suite 210 Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. 04/19/2016 City Council Approved (7-0) Item 4A-23 Public Art Display and/or Performance Policy Page 12 of 12 Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Miscellaneous Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Miscellaneous Drafting Provision. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. M. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. CITY: DATE: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 ARTIST: DATE: 04/19/2016 City Council Approved (7-0) Item 4A-24 CITY OF SOUTH LAKE MEMORANDUM August 19, 2022 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Recommendation of Amended Community Services Agreement with APEX Arts League for the term October 1, 2022 — September 30, 2024 Action Requested: Southlake Arts Council recommendation of the Amended Community Services Agreement with APEX Arts League for the term October 1, 2022 — September 30, 2024. Background Information: The City works with non-profit community organizations such as APEX to provide important social, educational, and cultural programs and services to Southlake citizens and businesses. City Council approved a Community Services Agreement with APEX last September for a three-year period, October 1, 2021 - September 30, 2024. Due to inflation and increased costs of providing cultural services for the Southlake citizens, City staff is budgeting an 8% payment increase for the remaining two years of this agreement. In consideration for the services rendered by APEX on behalf of Southlake citizens, the City agrees to an increased annual payment of $6,480 to APEX which will be dispersed by November 1st of each year. This represents an 8% increase from $6,000. In addition, $3,000 will be budgeted annually in the Public Art Fund for cultural arts programming in support of APEX programs. The proposed agreement mirrors their previous agreement, with the exception of the following changes: • 8% increase in annual payment, changing from $6,000 to $6,480 annually. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 46-1 Southlake Arts Council Meeting Date — August 23, 2022 Page 2 of 3 Financial Considerations: A copy of the Amended 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 2023 annual budget and will also be included in subsequent budget proposals for 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 has been notified of the board and City Council approval process. Southlake Arts Council consideration August 23, 2022 City Council consideration September 20, 2022 Legal Review: The Agreement was modeled after the standard Community Services Agreement utilized by the City and reviewed by the City Attorney. Alternatives: Alternatives may include the following: • Arts Council approve the Amended Community Services Agreement as presented • Arts Council approve the Amended Community Services Agreement with input as desired. • Arts Council decision not to renew the proposed Amended Community Services Agreement Supporting Documents: • Proposed APEX Community Services Agreement Staff City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 46-2 Southlake Arts Council Meeting Date — August 23, 2022 Page 3 of 3 Recommendation: Southlake Arts Council recommendation of the Amended Community Services Agreement with APEX Arts League for the term October 1, 2022 — September 30, 2024. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-3 DocuSign Envelope ID: F91FEC23-D4A0-4043-8CEF-DD5A830C8DA5 AMENDED AGREEMENT BETWEEN THE CITY OF SOUTHLAKE AND APEX ARTS LEAGUE STATE OF TEXAS § V 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. Item 46-4 DocuSign Envelope ID: F91FEC23-D4A0-4043-8CEF-DD5A830C8DA5 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 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 $6,480 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 Item 46-5 DocuSign Envelope ID: F91FEC23-D4A0-4043-8CEF-DD5A830C8DA5 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, 2022 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 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. Item 46-6 DocuSign Envelope ID: F91 FEC23-D4A0-4043-8CEF-DD5A830C8DA5 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. Item 4B-7 DocuSign Envelope ID: F91 FEC23-D4A0-4043-8CEF-DD5A830C8DA5 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 12022. [a]11was] �Ye1l]I:1W_1:10 Mayor, City of Southlake ATTEST: Amy Shelley, TRMC City Secretary APEX Art,§. Lgneeague e—Doc Chairman, APEX Arts League Approved as to form and legality City Attorney DocuSign Envelope ID: F91 FEC23-D4A0-4043-8CEF-DD5A830C8DA5 Community Services Agreement with Apex Arts League Page 6 of 8 AMENDED 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: terrimessin.Wa 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: Milenka Lopez b. Title: Assistant to the Director of Community Services c. Phone: 817.748.8963 d. Email Address: mlopez(a-)-ci. southlake.tx.us Item 4B-9 DocuSign Envelope ID: F91FEC23-D4A0-4043-8CEF-DD5A830C8DA5 Community Services Agreement with Apex Arts League Page 7 of 8 2. Provide a presence on www.CitvofSouthlake.com and/or www.exoeriencesouthlaketexas.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.MVSouthlakeNews.com and/or www.CityofSouthlake.com and/or www.experiencesouthlaketexas.com. Any and all information in such press releases is subject to review and possible revision prior to posting either in a story or PSA/ advertising format. 4. 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. 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 Item 4B-10 DocuSign Envelope ID: F91FEC23-D4A0-4043-8CEF-DD5A830C8DA5 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 outlining how the City's funding is utilized in support of AAL, that demonstrates the value their program created in the community for the period of the contract at the end of each fiscal year (September 30). Item 4B-11 CITY OF SOUTHLAKE MEMORANDUM August 19, 2022 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Recommendation of Amended Community Services Agreement with Arts Council Northeast for the term October 1, 2022 — September 30, 2024 Action Requested: Southlake Arts Council recommendation on the renewal of the Community Services Agreement with Arts Council Northeast for the term October 1, 2022 — September 30, 2024. Background Information: The City works with non-profit community organizations such as Arts Council Northeast to provide important social, educational, and cultural programs and services to Southlake citizens and businesses. City Council approved a Community Services Agreement with Arts Council Northeast last September for a three-year period, October 1, 2021 - September 30, 2024. Due to inflation and increased costs of providing cultural services for the Southlake citizens, City staff is budgeting an 8% payment increase for the remaining two years of this agreement. In consideration for the services rendered by Arts Council Northeast on behalf of Southlake citizens, the City agrees to an increased annual payment of $23,760 to Arts Council Northeast which will be dispersed by November 1st of each year. This represents an 8% increase from the previous payments of $22,000. The proposed agreement mirrors their previous agreement, with the exception of the following changes: • 8% increase in annual payment, changing from $22,000 to $23,760 annually. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C-1 Southlake Arts Council Meeting Date — August 23, 2022 Page 2 of 3 A copy of the Amended Community Services Agreement, detailing the organization's scope of services and the City's obligations, and highlighting the proposed changes is attached. Financial Considerations: Funding for the Community Services Agreement is included in the proposed FY 2023 annual budget and will also be included in subsequent budget proposals for 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 has been notified of the board and City Council approval process. Southlake Arts Council consideration August 23, 2022 City Council consideration September 20, 2022 Legal Review: The Agreement was modeled after the standard Community Services Agreement utilized by the City and reviewed by the City Attorney. Alternatives: Alternatives may include the following: • Arts Council approve the Amended Community Services Agreement as presented • Arts Council approve the Amended Community Services Agreement with input as desired. • Arts Council decision not to renew the proposed Amended Community Services Agreement Supporting Documents: • Proposed Arts Council Northeast Community Services Agreement Staff City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C-2 Southlake Arts Council Meeting Date — August 23, 2022 Page 3 of 3 Recommendation: Southlake Arts Council recommendation of the Amended Community Services Agreement with Arts Council Northeast for the term October 1, 2022 — September 30, 2024. City of Southlake Values. - Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4C-3 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 AMENDED AGREEMENT BETWEEN CITY OF SOUTHLAKE AND ARTS COUNCIL NORTHEAST STATE OF TEXAS § M 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. Item 4C-4 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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 $23,760 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 Item 4C-5 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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, 2022, 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. Item 4C-6 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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. Item 4C-7 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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 2022. F-AllaIONI Amy Shelley, TRMC City Secretary Approved as to form and legality: City Attorney CITY OF SOUTHLAKE Mayor, City of Southlake ARTS COUNCIL NORTHEAST DOCUSigned by: F �1� LTV €30'T�03#2 President Pro-Tem, Arts Council Northeast Item 4C-8 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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: Ivette Sanchez b. Title: Operations Coordinator c. Phone: 682-326-8867 d. Email Address: council@theartsnet.org 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. City 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 Festival and Events Coordinator 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 Item 4C-9 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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(abci.southlake.tx.us 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 www.mVsouthlakenews.com and/or www.visitsouthlaketexas.com. Any and all information in such press releases is subject to review and possible revision prior to posting either in a story of PSA/ advertising format. 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: Item 4C-10 DocuSign Envelope ID: F643B86F-C347-498E-ACCD-6E7D317ABBD2 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 outlining how the City's funding is utilized in support of ARTS COUNCIL NORTHEAST, that demonstrates the value their program created in the community for the period of the contract at the end of each fiscal year (September 30). Item 4C-11 2022 Southlake Arts Council Attendance Repoli Place a Name Beatriz Terrazas 1/25/22 2/22/22 3/22/22 4/26/22 5/24122 6/28122 7/26122 8123/22 9/27122 10/25/22 11/22/22 12/27/22 Attendance Rate " Daley Average Monthly Attendance Rate a Meeting Attendance Rate (includes substitutions) 75% 88% 75% 75% 75% 75% V in attendance Total Hrs Per Month 1.5 1.25 1 1 1 1 6.75 X Not in attendance, no substitute 1 Substitute in attendance • Vacant position _ Meeting Canceled Meeting Canceled due to no quorum Change in Representative