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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 4C - 1 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 4C - 2 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. 4C - 3 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: 4C - 4 Shana Yelverton Community Services Agreement SDCA Page 5 of 12 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. 4C - 5 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. 4C - 6 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 4C - 7 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. 4C - 8 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 4C - 9 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 4C - 10 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 4C - 11 Shana Yelverton Community Services Agreement SDCA Page 12 of 12 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 4C - 12