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Item 4GCITY OF SOUTHLAK.E MEMORANDUM January 27, 2009 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve an Interlocal Agreement and the Joint Purchase of a Mobile Stage with the City of Keller Action Requested: Approve an Interlocal Agreement and the joint purchase of a mobile stage with the City of Keller. Background Information: Funding in the amount of $68,000 is approved in the FY 2009 Hotel Occupancy Tax Budget for the joint (50 %) purchase of a mobile events stage with the City of Keller. The City's portion of the purchase amount is $68,000. The stage will be shared with the City of Keller and used for city sponsored events such as the Holiday Celebration, Stars & Stripes, Art in the Square, Oktobertest, Easter in the Park, etc. The stage (specifications attached) will be purchased from Century Industries through the Buy Board Cooperative State Purchasing Contract that both Cities are members of. An Interlocal Agreement has been reviewed and approved by the City Attorney for both cities. The agreement (attached) clearly defines the joint ownership, insurance requirements, storage, maintenance, usage, etc. necessary for the successful, ongoing implementation of this partnership. Financial Considerations: Approved funding in the amount of $68,000 is approved in the FY 2009 Hotel Occupancy Tax Budget for this purchase. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Partnerships and Volunteerism and meets the corporate objective to Pursue Innovative Service Delivery Options and Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: City Council review and consideration at the February 3, 2009 meeting Legal Review: The City Attorney for both cities have reviewed and approved the proposed Interlocal Agreement. Alternatives: Alternatives may include: ■ City Council approval of Interlocal Agreement and Joint Purchase of Mobile Stage as presented ■ City Council approval of Interlocal Agreement and Joint Purchase of Mobile Stage with input as desired ■ City Council decision not to approve Interlocal Agreement and/or Purchase of Mobile Stage Supporting Documents: Supporting documents include the following: • Copy of the Interlocal Agreement • Copy of the quote and specifications received from Century Industries Staff Recommendation: Approve an Interlocal Agreement and the Joint Purchase of a Mobile Stage with the City of Keller. 2 INTERLOCAL AGREEMENT WITH THE CITY OF KELLER FOR MOBILE STAGE STATE OF TEXAS COUNTY OF TARRANT This Agreement is made this day of , 2009, by and between the City of Keller, a home rule municipal corporation, hereinafter referred to as "Keller," and The City of Southlake, hereinafter referred to as "Southlake ". WITNESSETH: WHEREAS, Southlake and Keller, hereinafter referred to as "the cities," both presently offer citywide special events that utilize a stage or stage area; and WHEREAS, both Keller and Southlake have determined that each has a need for a mobile stage in order to offer a mobile self contained environment conducive for high quality sound, light and electricity; and WHEREAS, both Keller and Southlake have recognized that the joint acquisition and use of such a mobile stage can benefit both entities and the cities have equally allocated funding for a mobile stage; WHEREAS, recognizing that the cities will need to coordinate schedules for use of the mobile stage jointly acquired, hereinafter referred to as "the Joint -Use Mobile Stage," appropriately so as not to book engagements /events simultaneously; and WHEREAS, the Cities desire to cooperate in the joint planning, design, funding, operation, and maintenance of the Joint -Use Mobile Stage for the enjoyment and benefit of the citizens of the cities; NOW, THEREFORE, for and in consideration of the mutual premises herein contained, the mutual benefits flowing to both Keller and Southlake and other good and valuable consideration recited herein, the receipt and sufficiency of which is hereby acknowledged, Keller and Southlake do hereby contract, covenant, warrant and agree as follows: I. ACQUISITION The cities agree to jointly acquire the Joint -Use Mobile Stage from The Centuries Industries, sharing the cost on an equal basis. The anticipated cost of the Joint -Use Mobile Stage is Dollars and no cents ($ .00). Each city has budgeted and available sufficient funds for such purpose. li. SCHEDULING Keller shall be entitled to use the Joint -Use Mobile Stage on the days listed on Exhibit "A" attached hereto, hereinafter referred to as the "Keller Schedule ", and as may be modified from time to time, in accordance with the terms and conditions of this Agreement. Southlake shall be entitled to the use of the Joint Use Mobile Stage on the days listed on Exhibit "B" attached hereto, hereinafter referred to as the " Southlake Schedule ", and as may be modified from time to time, in accordance with the terms and conditions of this Agreement. The parties agree that for all scheduled Southlake events or reservations and all scheduled Keller events or reservations, the user city shall designate at least one of his or her employees to be in attendance throughout the entirety of the event. Exhibits "A" and "B" shall be revised on an annual basis to revise dates allocated to each city and add and/or remove any events for which the user party no longer wishes to provide the Joint -Use Mobile Stage. Keller and Southlake shall submit their proposed schedules for the next calendar year to the respective Parks and Recreation Director, or the Director's designee, by November 1 of each year, and the respective Director or Director's designee will coordinate and attempt to resolve any conflicts by November 15 of each year. III. SCHEDULE REVISIONS The Southlake Parks and Recreation Director and his or her designee and the Keller Parks and Recreation Director and his or her designee are authorized to make revisions to the approved schedule of activities set forth in Exhibit "A" and "B" as they may mutually agree upon at any time throughout the term of the Agreement, which agreement shall be reduced to writing delivered to the other party immediately by e-mail or other agreed upon delivery method. If a scheduling conflict occurs between the two cities, Keller shall receive use of the Joint -Use Mobile Stage for the first date of such remaining conflicts, and the use of the Joint -Use Mobile Stage shall thereafter alternate between the two cities for all such future scheduling conflicts. IV. NONPROFIT COMMUNITY ORGANIZATIONS RESERVATIONS All reservations for Keller and Southlake Joint -Use Mobile Stage usage as outlined in Exhibit "A" and Exhibit "B" shall be coordinated through the Parks and Recreation Director for each city, or the Director's designee. Reservations for the Joint -Use Mobile Stage may be requested by non -profit community organizations within each city for community events on a first -come, first - served basis, subject to the prior scheduling by either of the cities. All non - profit community organization reservations are subject to fees outlined in Exhibit "C ", (hereinafter referred to as "Joint -Use Mobile Stage Usage Fees "). Each city is authorized and entitled to adopt any use policies, and to permit or restrict such use by such organizations for community use consistent with Exhibit "C" as such city may determine appropriate. Proof of 501 (c) 3 shall be required prior to approval of reservations. Reservations may be made no more than three months in advance of the planned event for which the reservation is requested. V. MAINTENANCE Southlake and Keller shall initially each budget an equal amount annually for routine maintenance, including but not limited to, bulb replacement, tire replacement, electrical and hydraulic repairs as well as other routine maintenance issues. The initial budget amount shall be Four Thousand Five Hundred Dollars and no cents ($4,500.00). A maintenance log will be kept with the mobile stage at all times documenting the performed maintenance task. The Parks and Recreation Director or the Director's designee for each city shall mutually conduct an annual inspection prior to each agreement year to establish condition of the mobile stage and recommend any necessary changes to the amount to be budgeted by each city for the following fiscal year. Each city is responsible for all direct damages to the Joint -Use Mobile Stage occurring while in that city's possession (including during any possession and use by a non - profit community organization using the Joint -Use Mobile Stage through such city) which damages shall include the costs of obtaining a temporary replacement stage of similar size and amenities, if necessary, to prevent cancelation of scheduled events. Vl. MODIFICATION Neither city shall modify the Joint -Use Mobile Stage without prior written consent and approval of the other city, nor permit any other user to do so. VII. STORAGE The mobile stage shall be stored at the City of Keller Municipal Service Center, 151 Bear Creek Pkwy, Keller, Texas. Storage location may be revised as mutually agreed to in writing by both cities. Keller shall grant Southlake full access to the stage; however, a twenty -four (24) hour notice is preferred to provide notification to security personnel at the facilities. Vlll. USER RESPONSIBILITIES The city using the Joint -Use Mobile Stage shall be responsible for furnishing and supplying all materials and supplies necessary for carrying out its event and returning the stage in clean and working condition. Each city shall require any other user to also comply with these obligations. City Staff that accompanies the stage to all city or reserved events is responsible for documenting the condition of the mobile stage upon 3 return. If the condition of the stage does not meet the criteria set forth on the reservation form, the security deposit, or a portion thereof, the city responsible for the use of the stage for such event may take whatever actions it deems necessary to collect funds to compensate for any damage, but in any event, such city shall be responsible under this agreement for such damages. IX. INDEMNIFICATION With respect to Southlake mobile stage usage, Southlake does hereby agree, insofar as permitted by law, to indemnify and hold harmless Keller from any claims, damages, injuries, lawsuits or causes of action arising out of or in any way connected with the use of the mobile stage. With respect to the Keller mobile stage usage, Keller does hereby agree, insofar as permitted by law, to hold harmless Southlake from any claims, damages, injuries, lawsuits, or causes of action arising out of or in any way connected with the use of the mobile stage. Each liability insurance policy carried by Southlake and by Keller, shall name the other party as an additional insured with respect to joint use facilities, to the extent as permitted by law. Nothing contained in this section shall in any way waive either Southlake's or Keller's governmental immunity, any limitation on liability provided by law benefitting either city, or either city's ability to use any and all defenses, statutory or otherwise, to any claim or lawsuit resulting in whole or in part from this agreement or the use of the facilities herein described, except as expressly provided herein regarding the cities' respective rights and obligations one to the other. X. TERM The term of this Agreement shall be for a period of twenty (20) years beginning from the date of execution of this Agreement. If either city wishes to discontinue this agreement during the twenty (20) year period, that city shall forfeit its right of use or reservation to the Joint -Use Mobile Stage and the Joint -Use Mobile Stage shall become the ownership and sole responsibility of the other city. If both cities mutually agree to discontinue this agreement during the twenty (20) year period, the Joint -Use Mobile Stage shall be disposed of as provided by such discontinuance agreement. If the term of any addenda attached hereto remains in full force and effect past the termination date of this agreement, then this agreement shall also remain in full force and effect until expiration or termination of the addenda. XI. ENCUMBRANCES Neither party to this Agreement shall, without first obtaining written consent of the other party, assign, pledge, or in any way encumber the Joint -Use Mobile Stage, in whole or in part, or sublet Southlake Property or Keller Property or any part thereof, provided, however, that this provision shall not prohibit the use of the Joint -Use Mobile Stage by non - profit community organizations as provided herein. XII. CLAIMS Nothing in this Agreement shall change or affect the duties, responsibilities, liabilities or immunities provided to the parties under the Texas Tort Claims Act, Section 101.001 et seq, of the Texas Civil Practice and Remedies Code. XIII. ADDITIONAL AGREEMENTS This Agreement and the attached exhibits contains all of the agreements made by and between the parties hereto regarding the use of the Joint -Use Mobile Stage and no additional agreements or understanding shall be applicable to the use of the Joint -Use Mobile Stage unless first agreed to, in writing, by the parties. XIV. VENUE This Agreement and all of its terms and provisions, as well as the right and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that a lawsuit is filed by either party arising out the terms and provisions of this Agreement, venue for the lawsuit shall be in Tarrant County, Texas. XV. AUTHORIZATION The undersigned officers of the respective cities are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of such city. Each city hereto certifies to the other than any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. Executed this day of , 2009 in Tarrant County, Texas. CITY OF KELLER am Mayor ATTEST: City Secretary CITY OF SQUTHLAKE Mayor ATTEST: City Secretary EXHIBIT A CITY OF KELLER RESERVED STAGE DATES 2009 Keller Parks and Recreation 2009 Special Events March 27 — 28 KIDSFest Bear Creek Park April 4 Egg - Scramble Bear Creek Park April 22 Masterworks Keller Town Hall May 2 Dog Day Afternoon Johnson Road Park May 27 MasterWorks Keller Town Hall June 13 Concerts in the Park Bear Creek Park June 24 MasterWorks Keller Town Hall July 11 Concerts in the Park Bear Creek Park July 12 Mother /Son 1- Scream' Social The Keller Pointe July 22 MasterWorks Keller Town Hall August 8 Concerts in the Park Bear Creek Park August 26 MasterWorks Keller Town Hall September 26 Wild Wild West Fest Bear Creek Park December 4 Holly Days Keller Town Center 7 EXHIBIT B CITY OF SOUTHLAKE RESERVED STAGE DATES 2009 Southlake Community Services Department 2009 Special Events April 5 Easter in the Park April 18 Summer Kickoff Event April 24 — 26 Art in the Square July 3 Stars and Stripes October 2 — 5 OktoberFest October 11 Harvest/Fall Fest November 21 Holiday Celebration Bicentennial Park Bicentennial Park/Tennis Center Southlake Town Square Southlake Town Square Southolake Town Square Bob Jones Nature Center Southlake Town Square 8 EXHIBIT C COMMUNITY ORGANIZATION MOBILE STAGE USEAGE POLICY/FEES The stage and accessories may be made available for rental to non - profit community organizations based in the City of Keller and City of Southlake for use only within the Keller and Southlake City limits and only for community events. Proof of 501 (c) 3 shall be required prior to approval of rental. Rental shall be by prior reservation only on the Mobile Stage Rental Application and Agreement Form, which is available from the Parks and Recreation Departments of Keller and Southlake. Reservations are on a first -come, first - served basis. The stage is designed for use at large scale outdoor events where the stage will be deployed for a minimum of six (6) hours. The stage shall not be available for reservation on the following days: New Year's Eve, New Year's Day, Memorial Day, Independence Day, Labor Day, Easter, Thanksgiving Day, Christmas Eve, Christmas Day, or any other City designated holiday. Events sponsored by either the cities of Keller or Southlake shall be given priority for use of the stage over any other user. Rental of the stage and accessories cannot be made less than three (3) weeks in advance of the event or more than three (3) months in advance of the event. All activities for which the stage may be rented must be approved by the Parks and Recreation Director of either the City of Keller or the City of Southlake, or the Directors' designees. The city of Keller and Southlake reserve the right to refuse rental of the stage for any event deemed inappropriate to the best interests of the Cities or that is deemed to be a potential hazard to the stage or its operators. Site Requirements Prior to the approval of stage rental, the corresponding Parks and Recreation Director or the Director's designee must approve all event sites. When the stage is open and extended to its fullest, it will fill an area approximately wide and long, and high. Due to the size of the stage and of the vehicles that tow it, the following site features are required: • The stage must be positioned so that it may be placed and hauled away with a minimum amount of backing -up by towing vehicles. • A minimum clearance of 10 feet must be available behind the stage • A minimum overhead clearance of 20 feet is required to open the stage • A minimum clearance of 10 feet is required at each end of the stage in order to open the end doors. Stage Rental Fees Stage rental fee $1,000.00 for the first six hours or any portion thereof, (includes delivery, set -up and tear down), and $50.00 for each additional hour thereafter. Accessory Fees Note: Accessories are only available for rent in conjunction with stage rental. • Decorative Stage Skirting, $15.00 per day • Audio /Light Technician Stage hand, $25.00 per hour (When using lights and audio a certified stage hand must be utilized.) • Sound System, $200.00 per day (including channel mixer, speakers, microphones, and microphone stands) • Theater Lights, $100.00 per day • Portable Stage Sections, $25.00 each per day (Fee includes placement and removal.) Insurance Requirement User agrees to provide liability insurance indemnifying the Cities of Keller and Southlake, and containing prod uctslcompleted operations coverage, where applicable, in the following amounts: Bodily injury: $50,000 per person $100,000 per occurrence and Property damage $10,000 per occurrence User further expressly agrees that User with provide written confirmation of a valid, existing insurance policy acceptable to the Parks and Recreation Director meeting the following criteria: A. The Cities of Southlake and Keller shall be named as additional insured /or an insured as their interest may appear. B. Prior to execution of the stage reservation, the user shall provide the Parks and Recreation Director with either the user's original certificate of insurance or the user's insurance policy evidencing the above requirements. 10 Indemnity Agreement The user shall assume all liability and responsibility for and hereby covenants and agrees to fully indemnify, hold harmless, and defend the City of Southlake and the City of Keller, their officers, agents, servants and employees, from and against any and all claims, demands, suits, judgments, assessments, costs, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants) for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, whether real of asserted persons, resulting from the user's use of the stage and related equipment and accessories, regardless of whether resulting from the negligence of the City of Southlake and the City of Keller, their officers, agents, servants or employees, directly or indirectly, including the construction, condition, installation, operation, maintenance, use or condition of the stage, the related equipment and accessories, or in any way resulting from or arising out of the actions or omissions of such persons relating to permitting or facilitating user's use of the stage, the related equipment and accessories. This agreement also applies to any personal injuries or death, property damage or other injury to any of user's officers, agents, servants, employees, contractors, subcontractors, licensees or invitees caused by the existing design or condition or design of the stage, the related equipment and accessories, which user has inspected and found suitable and safe for its intended purposes. Notwithstanding anything to the contrary, nothing shall be construed to limit or waive any governmental or sovereign immunity of the either the Cities of Keller or Southlake, or the immunity of their officers, agents, servants and employees. II Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 13 of 23 13 Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 14 of 23 41301 Ekctt[al SMp LipgLgdg 7 DscLage #1 $2 ,3?3 40025 Bxtffior FloodLa«atttee(3) a 918029 Coeugartnew 1.i; #t, two R) 41101 Zt trscal 3 ig3t4 Suppon RA . (?) ps 1, ?3fi 4'14139 Prde5d=a[ U& Package #Z 4110S Pro -Scmd Systeut #3 $474 91.102 BsunerHaug ; EIanhwre :,120 99999 6 11.. 0pe3 &ei ?do=ts rim r.'2) $360 FOE Final best :nation fo �R.w - Sb a hWv T 52,51 "s Tots[ :+1.3:x,491 Alt, 91-103 Priared -Mesb Barters $931 Tbtsl $136,422 xsas! �U'C @L Ce=uy is, pxas-idiuga 8000 Walt dna1t 01 s#we= cost' o rep iaaGE the'7000 *'Mitt. This all nvs more poare7 3o Item# 12009 Light Pk—_ 42. 14 Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 15 of 23 Entertainment For The Whole Community of labor, Ripe dw w iff pratcci , smpedw gee I t maj €� GwAuryMabile owM arter Sb@g defe r T- Cmtm "i .i bis Shm, der are ar ,x ri 1 ,e ytbr eti�i in u l � M e qAge5offtfeauresbmedupm estershe ideate wd2 eow &cute d evex m#nmmts. The Ibitk g or.Zi a mm&hff eftbe : " p a ter Djuiped fur fiut, emsy'sef-up—AmobUe gam is a fayz Hof epipuml dmey The mqjoxivy 'o me h e' 1t i r:�a�.e tl ri d.3 the gqe k mg as C" . Ate m a&mmp Sap. TMIMMcmamy : r to Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 16 of 23 Birk u. i4m as vmlleom sewug W itop axbem5 m swims sL amdoa to the nmimvIIT@e VA2 . and awe t %--tap, amm r , zed swuvdv IeWE ewe M leg 0,whmalb asp Lta fm j rc mr M dere� te =mxutofst�p-arm Ym . �i.s i rt e j of uruppliaatar n � � o a sa as' 'sp +jtl>e-dm to setup Um sk a kw Iar twe xwhye wbere:a&tti€aw:l smage spoe is new ffiffe LIQ pozrr#;kp'srah %qg aPIA-b stage tbat WAS 3= a tD set Up Cmemsioll secti # ymxti it Wit. You Cloke of Stye Sizes and. Opal Feafams ...UR. his fts cam mge& md 71 z emm . Caneqpmfly, mR "i M=Yaster Stagesme m�i i- _a fir sizza� 4IxwftgYQU to seIm the size thNt FA mam yew CUmm nifty "s we& lei aft.. 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Ie &vect sip, -a Mack 'k i0bwTN ilia s -'s ]teat and radEbn it bmd.onte pemmms. Tlas�k a # to €t of z�:T,W r,rlsi� t it Ai�pm Ei. .xk aim ft es the pp m ft m m t D w Fx tr ate, wkir. s m z qf daeae: c T Umb ler g �a:)m" Qt's ShowNkster SMpe5 }says a me&= graF stake &els dot iw ba ate dve iu aWeumte c C,� ire aat�� i�. sit. � a�cn1 ��lEat gs�y z ��a� �ho§ea fry °flae inter �a3ls cow 16 Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 17 of 23 ammd t ad im-te d o'f the 3a a e a�f a ra nd_ va •�W tie h��ZIxazs? the & -W=r -; : *a camp = air: itpatt p iti mwy fiat in �a cl iral . sgety hds i9. grfit wo Ali, ktmft spa ched - nhwe i. t ae cmqDy is rises. tadis AM qem pidm a mkr, marl u vm4 Ile cam* firms c mtg %mtl ti p s a l r a? vIorks -,1 stn' opemwL� to waaaa .t a: Auiq -W im oN=wdmi �a €be vo-_ tai:: col pmd= is saer w &j 1 w lhe;smppev im, bes, OT &a1w, e "d fivm the SW. Sec ud4l ' — Tbe mVF ofthe wIdm;Nr r W .6s � to Cow- k : do- - Mth tea= Mgt ire the � c f , . dam is map- Dmmg Lids ID ",e' is m wi2g-: I Usaa bsl=s- Wit& era aff , Upmem dp*s, im-tit3ammt, md otba i ii. 2ag mid ca les, warns, e . -t AR, ft Sin.p s takeq: =ut-bmtm pe :f=umed i the Stage - i rabies aad W h --Ce=m r ��c . rW m kr 2t zIum *F km Wenals i� fxaz a tr . Nato n=-:the*l "Leto Jt¢thiYy.Umr4. be, mbb to twmA thc- v, awmrbs and ftai ?h opm ffel& Cwasbm mas.-mce k by m qpWml iqvm&d mradca T cLELpep tat is D.Ne n, ga mizimr, of t e sted 2ztn-fry n, pTa&x# a t agT :-cr iedm budir " cwmvdm. A. e be itas x.� gr � fraaa� :ft vhmI1y b l� tLerW of the slap. The emvlmi u af fla .itap vale, maff amd rw pm & is psabEded by z pmmiumTedm- rm ting wY ftt Shana Yelverton, City Manager City Council Meeting Date — February 3, 2009 Page 18 of 23 dmV.4Te&m Lille Asa mAei 4-kRwzdm9 Row, m rat PILN-Eat a evEw. 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SUbAty- Omhuy"i, ShovAtvtez Sta am fay aW*eedl kjE&S. Fmm flLelmuEdUP, &EY am bat to fret--hU4 MS wal oil tie mp dKk, I'm The w1ge. dacR L wf -Ie ma iWmdmm hvelmd of 123ft?sq ft But wl k, *&y mavmg OT1 mqA4 C-tw vighov the Caw bummg M-4ftm vftaxh, MovaLreat, 11m mm a swm SIMMv-4ET-StA ma- ems. _w, ma equigged wddi mW-fim Jac jh& It4 a Aevid map ImL 4mw Imst it m flwturfmd dLe emmmmmt, Shana Yeiverton, City Manager City Council Meeting Date — February 3, 2009 Page 19 of 23 Cmuz , :s MmWntu the a <stb�s h entneer ¢ rwd , aftd. o Ate. SMe it Baat iwan in cnkw .arran, a rAm rti um&r a caka, p e . nfbm�u k10 a ple a'70T4a mItlgwm- To t rTKO -d ar 8°r-- Ne, ed, . e sffid.. rUUtF �s. 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