Item 4CM E M O R A N D U M
December 21, 2009
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
Approve 2010 Community Services Agreement with Apex Arts
SUBJECT:
League
Action Requested:
City Council approval of the 2010 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
includes:
- 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 2010,
representing no change in financial support from the 2009
agreement. Funding is available in the approved FY 2010
general fund budget for this proposed expenditure.
Strategic Link
: This item is linked to the City’s Strategy Map related to the focus
area of Quality Development and Partnerships and
Volunteerism and meets the corporate objectives to Provide
4C - 1
Shana Yelverton, City Manager
City Council Meeting Date – January 5, 2010
Page 2 of 6
Attractive and Unique Spaces for Enjoyment of Personal
Interests, Collaborate with Select Partners to Implement Service
Solutions, Provide High Quality Customer Service and Actively
Promote Opportunities for Partnerships and Volunteer
Involvement.
Citizen Input/
Board Review:
The Southlake Arts Council reviewed and recommended
approval of this agreement at their November 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:
Approval of proposed agreement as presented
Approval of proposed agreement with input as desired
Decision not to approve the proposed agreement
Supporting
Documents:
Proposed 2010 Agreement for Community Services with Apex
Arts League.
Recommendation:
City Council approval of the 2010 Community Services
Agreement with the Apex Arts League
4C - 2
Shana Yelverton, City Manager
City Council Meeting Date – January 5, 2010
Page 3 of 6
2010 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.
4C - 3
Shana Yelverton, City Manager
City Council Meeting Date – January 5, 2010
Page 4 of 6
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 informed 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 informed 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 of January 1, 2010 – December 31, 2010.
4C - 4
Shana Yelverton, City Manager
City Council Meeting Date – January 5, 2010
Page 5 of 6
SECTION 5
TERM OF AGREEMENT
1. The term of this agreement shall be for a period beginning January 1, 2010
and ending December 31, 2010. 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 this 2010 Agreement constitutes the third 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. 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.
SECTION 8
CITY OF SOUTHLAKE VALUES
The City of Southlake has adopted values that are the fundamental principles that
guide how members, 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.
4C - 5
Shana Yelverton, City Manager
City Council Meeting Date – January 5, 2010
Page 6 of 6
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 8 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.
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 Apex Arts League have executed this
Agreement as of this day __________ of ____________________, 2010.
_________________________
Mayor, City of Southlake
_________________________
Chairman, Apex Arts League
Approved as to form and legality:
Attorney at Law
4C - 6