Item 4D
M E M O R A N D U M
December 1, 2008
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Interim Director of Community Services
Approve the 2009 Community Service Agreement with Apex
SUBJECT:
Arts League
Action Requested:
City Council approval of the 2009 Community Services
Agreement with the Apex Arts League.
Background
Information:
The Apex Arts League is a non-profit agency seeking to
enhance community awareness, participation, and
appreciation of the arts in the north central region of the
Dallas/Fort Worth Metroplex. One of their main objectives is
to provide a venue for performing and visual arts in the
region. The Apex Arts League seeks to secure funding,
support, and partnerships for this and other endeavors
through local organizations, community groups, and private
businesses. In general, their scope of services will include:
- Create a regional focal point for the arts
- Enhance community awareness and appreciation for the
arts
- Provide a meeting facility for civic and community groups
- Create a home for area arts groups offering space and
support
- Provide a venue for all performing and visual arts in the
region through efforts to secure support, funding, and
partnerships with various organizations, community
groups, and private business
- Promote educational instruction in the arts for all ages
Financial
Considerations:
As part of the proposed agreement, funding in the amount of
$5,000 is requested for Apex Arts League for 2009,
representing no change in financial support from the 2008
agreement. Funding is available in the approved FY 2008-09
general fund budget for this proposed expenditure.
Shana Yelverton, City Manager
Meeting Date – December 16, 2008
Page 2 of 5
Citizen Input/
Board Review:
The City Council review of the agreement at their December
16, 2008 meeting.
The Southlake Arts Council reviewed and recommended
approval at their December 9, 2008 meeting.
The Chairman of the Apex Arts League has reviewed the
proposed agreement and there were no substantive changes
recommended.
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:
Approval of proposed agreement as presented
Approval of proposed agreement with input as desired
Decision not to approve the proposed agreement
Supporting
Documents:
Proposed 2009 Agreement for Community Services with
Apex Arts League.
Recommendation:
City Council approval of the 2009 Community Services
Agreement with the Apex Arts League.
Shana Yelverton, City Manager
Meeting Date – December 16, 2008
Page 3 of 5
2009 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
APEX ARTS LEAGUE
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT
is entered into by and between the City of Southlake,
Texas, a home rule municipal corporation located in Tarrant County and Denton
County, Texas, acting by and through its duly authorized Mayor (hereinafter
referred to as “City”), and Apex Arts League (“AAL”), a nonprofit organization
operating in the City of Southlake as an organization described in section
501(c)(3) of the Internal Revenue Code, acting by and through its duly authorized
Chairman.
WHEREAS
, the purpose of AAL is to enhance community awareness,
participation and appreciation of the arts in the north central region of the Dallas /
Fort Worth Metroplex; and,
WHEREAS
, AAL seeks to provide quality cultural, civic and educational
programs in a regional home for the arts; and,
WHEREAS
, City and AAL desire to enter into an Agreement whereby AAL
will promote and provide educational arts to the citizens of Southlake;
NOW, THEREFORE,
City and AAL do hereby covenant and agree as
follows:
SECTION 1
SCOPE OF SERVICES
AAL shall work to provide the following services to the community:
1. Create a regional focal point for the arts.
2. Enhance community awareness and appreciation for the arts.
3. Provide a meeting facility for civic and community groups.
4. Create a home for area arts groups offering space and support.
5. Provide a venue for all performing and visual arts in the region through
efforts to secure support, funding, and partnerships with various
organizations, community groups, and private businesses.
6. Promote educational instruction in the arts for all ages.
Shana Yelverton, City Manager
Meeting Date – December 16, 2008
Page 4 of 5
SECTION 2
AAL FUNCTIONS
1. AAL Board of Directors shall meet periodically. The time, date, place, and
agenda of these meetings shall be solely defined by AAL. The City liaison
shall be apprised of all board meetings, and the liaison may participate at
all scheduled meetings.
2. AAL shall operate in accordance with its own approved by-laws.
3. Administration of the educational art programs shall be coordinated by
AAL.
4. The City shall have the right to review the books and records kept incident
to the services provided by AAL to the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist AAL in coordinating AAL and
City operations. The City liaison shall be apprised of all board meetings of
AAL, and the liaison may participate at all scheduled meetings.
2. City shall provide staff assistance, advice, and technical expertise where
feasible to aid AAL in advertising programs and processing of applications
and fees for classes. The nature, extent, and duration of such assistance
shall be defined solely by the City.
3. City shall provide administrative support to AAL, where feasible for such
AAL projects as: research for future facility, grants research, fundraising
events or other mutually agreed upon events/programs. The nature,
extent, and duration of this support shall be solely defined by the City.
4. The City, in accordance with current policies and guidelines, shall provide
a meeting space for AAL Board of Directors meetings.
5. The City, in accordance with current policies and guidelines, shall provide
at no cost to AAL the use of City facilities for events directly related to AAL
including educational programs involving AAL partner organizations.
Requests for use of City Buildings shall follow current reservation
procedures.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to AAL the sum of Five Thousand ($5,000) Dollars in payment
for the community services described in Section 1 to promote awareness,
participation and appreciation of the arts in the north central region of the Dallas /
Fort Worth Metroplex and seek to provide a venue for the future enjoyment of
such arts for the period from the effective date of signing until December 31,
2009. In this Agreement, “effective date of signing” is the date the Agreement is
executed by both parties.
Shana Yelverton, City Manager
Meeting Date – December 16, 2008
Page 5 of 5
SECTION 5
TERM OF AGREEMENT
1. The term of this agreement shall be for a period 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. Execution of the 2009 Agreement constitutes the second
successive, one-year renewal period upon written agreement of both
parties.
2. Either party may terminate this Agreement upon 30 days written notice to
the other party. Upon termination, or if AAL ceases to provide services
under this Agreement, AAL shall return any unexpended funds paid
pursuant to this Agreement.
SECTION 6
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.
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 AAL have executed this agreement as of
this day of , 200 .
Approved as to legal form:
____________________________
Attorney at Law Mayor, City of Southlake
Chairman, Apex Arts League