Item 4C
M E M O R A N D U M
April 13, 2009
TO: Shana Yelverton, City Manager
FROM: Robert Finn, Chief of Police
Recommend 2009 Community Services Agreement with
SUBJECT:
Southlake DPS Citizens Association (SDCA)
Action Requested:
Recommendation to City Council to approve the 2009
community services agreement with Southlake DPS
Citizens Association (SDCA).
Background
Information:
The proposed renewal agreement contains the same
language and provisions as last year’s agreement with a
few minor changes pertaining to the support services
provided by SDCA. Additionally, upon review of the
Agreement by SDCA board of directors and City Police
and Fire administration, a recommendation was made to
modify the Agreement to show the location for Safety
Town as DPS West as approved by City Council.
Southlake DPS Citizens Association (SDCA), a non-profit
organization in Southlake, has been working with the
City’s Public Safety and Community Services
departments to construct a Safety Town facility. Safety
Town will be a miniaturized version of a downtown, used
to promote and teach safe practices for children within
the community through educational programs and
interactive facilities.
SDCA will seek funding for a portion of the construction
costs related to Safety Town through sponsorship
opportunities and will enter into Safety Town Sponsorship
Agreements with the sponsor for promotional and/or
advertising and other rights as outlined in “Attachment A -
Sponsorship Agreement” attached to the Community
Services Agreement. SDCA will disburse moneys
collected pursuant to the Sponsorship Agreements to the
City for use in the construction of Safety Town. Given
SDCA’s direct and ongoing involvement in this important
program, in addition to their continuing support of the
Department of Public Safety operations, a community
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Shana Yelverton
Community Services Agreement SDCA
Page 2 of 12
services agreement outlining various roles and
responsibilities is in the best interest of both parties.
Financial
Considerations:
No direct funding is requested as part of the proposed
2009 Agreement. The City and SDCA agree that the
services provided by the other represent an
approximately equal value and as such, there are no
cash payments or other additional consideration due to
the other party.
Financial Impact:
SDCA provides services not offered by the City. City
provision of these services would require additional
personnel, capital investment for facilities and equipment
and operational expenses.
Citizen Input/
Board Review:
The SDCA board of directors has reviewed and approved
the proposed agreement, making minor additions to the
Agreement to include Citizens on Patrol, Community
Emergency Response Team and Volunteers in Police
Services in the list of support groups SDCA provides for
DPS personnel. SDCA board also recommended the
location be changed from Bicentennial Park to DPS West
facility.
The Community Services Agreement will be considered
by City Council at their April 21, 2009 meeting.
Legal Review:
This agreement was modeled after the standard
community services agreement utilized by the City and
has been reviewed by the City Attorney.
Alternatives:
Alternatives may include the following:
Council recommendation for approval the proposed
community services agreement as submitted.
Council recommendation for approval of the proposed
community services agreement with input as desired.
Council recommendation not to approve the proposed
community services agreement
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Shana Yelverton
Community Services Agreement SDCA
Page 3 of 12
Supporting
Documents:
Supporting documents include the following items:
Proposed Agreement for Community Services with
SDCA.
Staff
Recommendation:
Staff recommendation to City Council is to approve the
2009 Community Services Agreement between SDCA
and the City of Southlake.
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Shana Yelverton
Community Services Agreement SDCA
Page 4 of 12
2009 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
THE SOUTHLAKE DPS CITIZENS ASSOCIATION
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 Southlake DPS Citizens Association (“SDCA”), a nonprofit
organization operating in the City of Southlake acting by and through its duly
authorized President.
WHEREAS
, the purpose of the SDCA is to provide support for the Southlake
Department of Public Safety; and
WHEREAS,
The City and SDCA are actively seeking to construct a Safety
Town facility in Bicentennial Park; and
WHEREAS,
The purpose of Safety Town is to promote safe practices for
children within the community through educational programs and interactive
facilities; and
WHEREAS,
the SDCA desires to provide funding support for the
construction of Safety Town by promoting sponsorship opportunities for Safety
Town; and
WHEREAS,
the SDCA provides on-going support of DPS personnel at
emergency scenes through their Fire Rehab group, Citizens on Patrol, Community
Emergency Response Team and Volunteers in Police Services;
NOW, THEREFORE,
City and SDCA do hereby covenant and agree as
follows:
SECTION 1
SCOPE OF SERVICES
SDCA shall provide the following services to the community:
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Shana Yelverton
Community Services Agreement SDCA
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1. Contact entities who may be interested in sponsorship opportunities at Safety
Town. Particular interest and preference will be given to potential sponsors
operating within the City of Southlake.
2. Ensure that those entities which agree to sponsor Safety Town enter into a
Sponsorship Agreement containing the same terms as the Agreement
attached hereto as Attachment “A” or similar terms agreed to in advance by
the City.
3. Monitor compliance by sponsors with all terms of the Sponsorship
Agreements.
4. Disburse all moneys collected pursuant to Sponsorship Agreements to the
City for use in the construction and/or maintenance of Safety Town.
5. Prepare, submit and present requests for matching funds to the appropriate
Boards based on the sponsorship amounts raised.
6. Terminate any Sponsorship Agreement, in accordance with its terms, when
requested to do so by the City.
7. Provide a Fire Rehab group consisting of an adequate number of SDCA
members available for response to emergency scenes and training events
when contacted by the Department. Those members operating the Fire
Rehab vehicle (Sec. 3.5 below) must be trained and sanctioned by the Chief
of Fire Services or his designee.
8. Provide approved striping or decaling of the Fire Rehab vehicle in a manner
approved by the Chief of Fire Services at the sole cost of the SDCA.
SECTION 2
SDCA FUNCTIONS
1. The SDCA Board of Directors shall meet in accordance with its by laws. The
time, date, place, and agenda of these meetings shall be solely defined by the
SDCA. The City shall be apprised of all board meetings.
2. The SDCA shall operate in accordance with its own approved by-laws.
3. The City shall have the right to review the books and records kept incident
to the services provided by the SDCA to the City, if any.
4. The SDCA board shall designate a SDCA member or board member to
perform as the official point of contact for any communication with the City
and direct this representative to focus their official communications with the
City to a corresponding point of contact (person) designated by the City for
this purpose. The two so named shall act to funnel, distribute and administer
the movement of information between the two organizations.
5. SDCA members other than board members, or the above designated
representative, shall not represent the SDCA in meetings with the City.
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Shana Yelverton
Community Services Agreement SDCA
Page 6 of 12
SECTION 3
CITY FUNCTIONS
1. The City shall provide staff assistance, advice, and technical expertise where
feasible to aid the SDCA. The nature, extent, and duration of such assistance
shall be defined by the City and be agreed to by the SDCA.
2. The City shall provide a meeting space for the SDCA Board of Directors
meetings as requested by the SDCA.
3. The City may post SDCA material on the City’s website, including items for
promotion and awareness, meeting dates and times, requests for assistance,
and similar notices as well as link(s) to SDCA related web sites. The material
submitted for posting shall be in a format suitable for inclusion with minimal
editing, formatting and layout required.
4. The City shall designate an individual to perform as the official point of
contact for any communication with SDCA and direct this representative to
focus their official communications with the SDCA to the corresponding point
of contact (person) designated by the SDCA for this purpose. The two so
named shall act to funnel, distribute and administer the movement of
information between the two organizations.
5. The Southlake Department of Public Safety, at its discretion and assuming
availability, will provide a retired ambulance to the SDCA Fire Rehab group
for use as a rehab vehicle at emergency scenes and training events requiring
rehab function.
6. The City will retain title to and will endeavor to provide insurance covering
SDCA drivers. The City will be responsible for all maintenance costs,
including fuel to the SDCA Fire Rehab vehicle.
7. The Fire Rehab vehicle contents and supplies will be furnished by the City.
SECTION 4
PAYMENT FOR SERVICES
The City and the SDCA agree that the services provided by the other represent an
approximately equal value and, as such, there are no cash payments or other
additional consideration due to the other party.
SECTION 5
TERM OF AGREEMENT
1. The term of this agreement shall be for a period of one (1) year beginning
January 1, 2009 and ending December 31, 2009. This agreement may be
renewed for up to three successive one-year periods beginning on January 1
and ending on December 31 of each year upon written agreement of both
parties.
2. Either party may terminate this Agreement upon 30 days written notice to the
other party.
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Shana Yelverton
Community Services Agreement SDCA
Page 7 of 12
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, SDCA is acting as an independent contractor,
and shall not be deemed an employee, agent or partner of the City. Neither party
shall have the authority to make binding representations or agreements on behalf of
the other.
SECTION 7
NO WAIVER OF GOVERNMENTAL IMMUNITY
Notwithstanding any provision of this Agreement to the contrary, nothing contained
in this agreement shall be construed to limit or waive any governmental or sovereign
immunity of the City, or any immunity applicable to its officers, agents, servants or
employees.
IN WITNESS WHEREOF the City and the SDCA have executed this agreement as
of this day _______ of _________, 200 .
Approved as to legal form:
____________________________ _____________________________
Attorney at Law Mayor, City of Southlake
President, Southlake DPS Citizens
Association
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Shana Yelverton
Community Services Agreement SDCA
Page 8 of 12
ATTACHMENT “A”
“SAFETY TOWN”
SPONSORSHIP AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT
made and entered into this_______day of
_______________________ 2009, by and between the Southlake DPS Citizens
Association (SDCA), a non-profit organization, and _________________________,
hereinafter called the “Sponsor.”
WHEREAS,
The City of Southlake (hereinafter referred to as “City”) is actively
seeking to construct a Safety Town facility in Bicentennial Park; and
WHEREAS,
the purpose of Safety Town is to promote safe practices for children
within the community through educational programs and interactive facilities; and
WHEREAS,
the SDCA desires to support the City’s efforts in constructing Safety
Town by promoting sponsorship opportunities at Safety Town; and
WHEREAS,
the Sponsor wishes to contract with SDCA for the right to be a sponsor
of the Safety Town;
NOW, THEREFORE,
in consideration of the promises, terms and conditions set for
the below, the parties hereby agree as follows:
1.0 TERM OF AGREEMENT
1.1 The term of the Sponsorship shall begin when the Sponsorship fee is
paid in full to SDCA.
1.2 The Sponsorship term ends as delineated on the attached “Exhibit A”
and is dependant upon the sponsorship opportunity entered into unless
this Agreement is terminated according to the terms listed in Section
6.0 of this Agreement.
1.3 The Sponsor shall have right of first refusal to renew this sponsorship
Agreement at the expiration of this Agreement unless the Agreement is
terminated as provided in Section 6.0 of this Agreement.
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Shana Yelverton
Community Services Agreement SDCA
Page 9 of 12
2.0 SPONSORSHIP FEE
2.1 In consideration of the grant of the sponsorship rights under this
Agreement, the Sponsor shall pay to SDCA the sponsorship fee
referred to in “Exhibit A”
3.0 SPONSOR RIGHTS/RESPONSIBILITIES
3.1 Sponsor shall have the right to use the image of Safety Town and the
component it is sponsoring for promotional and/or advertising purposes
during the Term of this Agreement. If this Agreement is terminated
pursuant to Section 6.0 herein, the right to use the image of Safety
Town and the component sponsored shall immediately cease.
3.2 Sponsor acknowledges that by accepting this sponsorship neither the
SDCA, nor the City Southlake is endorsing the Sponsor’s products,
services or business activities.
3.3 Sponsor represents and warrants that it is free to enter into this
Sponsorship Agreement without violating the rights of any third party,
and that its advertising does not infringe the copyrights, trademarks,
patents, or any other intellectual property and/or proprietary rights of
any third party.
4.0 SCDA RIGHTS/RESPONSIBILITIES
4.1 The SDCA grants the Sponsor the sponsorship benefits set out in
Attachment A for the term of this Agreement.
4.2 The SDCA and the City shall recognize the Sponsor’s sponsorship in a
manner acceptable to the City in advertising and promotional material
produced, published, broadcast, displayed or exhibited by the SDCA or
the City with respect to Safety Town.
4.3 Sponsor agrees that the SDCA and the City’s right to use Sponsor’s
name shall survive the termination of this Agreement as to any
advertising or promotional material already in existence at the time of
the termination.
5.0 INDEPENDENT CONTRACTOR
5.1 The SDCA and the Sponsor shall act as, and shall be independent
contractors in all aspects of this Agreement. Sponsor shall not be
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Shana Yelverton
Community Services Agreement SDCA
Page 10 of 12
deemed an employee, agent or partner of the City or SDCA. Neither
party shall have the authority to make binding representations on
behalf of the other
6.0 TERMINATION OF CONTRACT
Cancellation by Notice. Either party may terminate this Agreement at
any time for any reason with a thirty (30) days written notice. Upon
termination, SDCA shall make a pro rata refund for the amount of time
left on the term of the Agreement.
IN WITNESS THEREOF,
two (2) identical counterparts of this Agreement, each of
which shall be deemed an original thereof, have been duly executed by the
parties herein named, on the day and year first above written.
SPONSOR SDCA
By: By:
Print Name Print Name
Title Title
BUSINESS NAME
ADDRESS
PHONE
_____________________________
Date of full receipt of payment
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Shana Yelverton
Southlake Safety Town Corporate Sponsorship
Community Services Agreement SDCA
Page 11 of 12
EXHIBIT “A”
Southlake Safety Town
Sponsorship Opportunities
Sponsor a Building
$8,000
Name on Miniature Building within Safety Town for three years
Company name or logo on marketing materials
Sponsor a Lifetime Building
$25,000
Name on plaque Miniature Building within Safety Town for fifteen years
Company name or logo on marketing materials.
Sponsor Water Fountain, Two are Needed
$3500
Water fountain to be placed within Safety Town compound.
Company name on plaque for fifteen years
Company name on marketing materials
Sponsor Picnic Bench, Three are Needed
$2500
Picnic bench under shade pavilion to give families a place to gather
when visiting Safety Town. These will be ADA compliant
Company name on plaque for fifteen years
Sponsor Trash Can, Two are Needed
$900
Safety Town will need to have two trash cans.
Company name on plaque on cans for three years
Sponsor Shade Tree, Fifteen are Needed
$500
Opportunities
Cool shady spots will be needed to gather under.
Sponsor Landscape Irrigation, Plantings, Shrubs, or Sod
Sponsor Electrical or Plumbing Services
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Shana Yelverton
Community Services Agreement SDCA
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Southlake Safety Town Sponsorship
Yes, we are interested in sponsorship
□
Corporate Sponsor Name ___________________________________________________
□ $25,000 Building □ $8,000 Building
Contact Name _______________________________________Title_________________
□ $3,500 Water Fountain □ $ 900 Trash Can
Contact Mailing Address ___________________________________________________
□ $2,500 ADA Picnic Bench □Other Services
Contact Email Address________________________________Phone________________
Corporate Sponsor Name ________________________________________
Contact Name _______________________________Title______________
Contact Mailing Address _________________________________________
Contact Email
Address_________________________Phone______________
□ Please Contact me, I am interested
□ Payment is enclosed.
Signature______________________Date_____________
□ Please invoice us.
__________Date___________________
Opportunities
Please send this form to:
Anne Wise
Southlake DPS Citizens Association
P.O. Box 93081
Southlake, TX 76092
awise@wiseacres.com
*The federal tax id # for the SDCA is 04-3714182
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