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Item 4FM 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 Keep Southlake SUBJECT: Beautiful Action Requested: City Council approval of a community services agreement with Keep Southlake Beautiful for 2010. Background Information: Keep Southlake Beautiful (KSB) is a non-profit, community-based organization that first entered into an agreement with the City of Southlake in 1994. KSB currently provides many services to the community including educational programs, environmental awareness, and the implementation of the adopt-a-street program for Southlake city streets and right-of-ways. KSB has requested $5,000 for 2010 to support KSB programs as outlined in the agreement. A KSB school partnership has been developed to enhance the relationship between KSB and all schools in Southlake through reuse/recycle, environmental, and Teacher Grants programs. The Adopt-A-Street program continues to operate with quarterly cleanups. Beautification efforts include the City Street Tree program where 40 residents will share the cost of native/adapted trees planted in the City’s right-of-way. Other programs supported by KSB are the celebration of Arbor Day, the Great American Cleanup, the Leaf Recycling Program and work with the City and other organizations in developing the Liberty Garden and other projects identified by the organization. Financial Considerations: KSB has requested funding of $4,000 for 2010 for services rendered to the community and $1,000 to be reimbursed to KSB for material costs associated with general landscape maintenance and enhancements to the Liberty Garden in Bicentennial Park. This represents no change in funding from the previous year’s agreement. 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 Attractive and 4F - 1 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 2 of 6 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. Financial Impact: Funding for this item was included in the approved FY 2010 Community Services Division budget. Citizen Input/ Board Review: KSB Board of Directors has reviewed and approved the proposed agreement with no substantive changes recommended. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City. It has been reviewed the City Attorney. Alternatives: Alternatives may include the following: City Council approval of the proposed agreement City Council approval of the proposed agreement with input as desired City Council decision not to renew proposed agreement Supporting Documents: Supporting documents include the following items: Proposed 2010 Agreement for Community Services with Keep Southlake Beautiful Staff Recommendation: City Council approval of the proposed Community Services Agreement between Keep Southlake Beautiful and the City of Southlake for 2010 4F - 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 KEEP SOUTHLAKE BEAUTIFUL 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 Keep Southlake Beautiful (hereinafter referred to as “KSB”), 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 President. WHEREAS , the purpose of KSB is to provide educational and motivational programs to improve the appearance of the City of Southlake and to preserve and enhance the local natural environment; and WHEREAS , KSB is a recognized member of Keep America Beautiful and Keep Texas Beautiful with full membership rights and resources; and WHEREAS , City and KSB desire to enter into an Agreement whereby KSB will provide beautification services to the citizens of Southlake; NOW, THEREFORE, City and KSB do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES KSB shall provide the following services to the community: 1. Management of Adopt-A-Street programs on non-State highways within the City of Southlake. 2. Litter pickup along city streets, shores, and parks as allowed by available volunteer workers. 3. Education of citizenry on environmentally sound waste disposal practices, recycling, and pollution control. 4. Promotion of tree planting and city beautification through landscaping. 4F - 3 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 4 of 6 5. Cooperation with local agencies, businesses, and citizens to render educational and other services as is available through funding or other programs to promote beautification and environmental awareness. 6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas Beautiful. 7. KSB will sponsor the partnership with Tarrant County Master Gardeners for volunteer landscaping services and plant replacement in the Liberty Garden. 8. Provide recommendations on and promotions of possible recycling activities funded through proceeds in the Recycling Recovery Fund. SECTION 2 KSB FUNCTIONS 1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by KSB. 2. KSB shall operate in accordance with its own approved by-laws. 3. Administration of the Adopt-A-Street program on non-State highways within the City of Southlake shall be coordinated by KSB. 4. The City shall have the right to review the books and records kept incident to the services provided by KSB to the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist KSB in coordinating KSB and City operations. The City liaison shall be informed of all board meetings of KSB, and the liaison may participate at all scheduled meetings. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid KSB. The nature, extent, and duration of such assistance shall be defined solely by the City. 3. City shall provide administrative support to KSB, where feasible for such KSB projects as: Quarterly Cleanups, Adopt-A-Street, Great American Cleanup, Arbor Day, or other mutually agreed upon events/programs. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for KSB Board of Directors meetings. 5. The City shall provide at no cost to KSB the use of the Liberty Garden pavilion for events directly related to KSB including maintenance and educational programs involving KSB partner organizations. Requests for use of the Liberty Garden pavilion shall follow current reservation procedures. 6. City shall provide administration of the Street Tree Program as funded in FY 2009-10 budget. 7. City shall maintain landscaping for the Liberty Garden at Bicentennial Park. 8. City shall through the recycling recovery fund provide and affix KSB labels on recycling bin lids provided to new water and trash customers. 9. City shall assist in the administration of the annual leaf recycling/mulch program in partnership with KSB and jointly seek ways for expansion of the program. 4F - 4 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 5 of 6 10. City shall install and provide maintenance of “Henry the Hippo” litter receptacle throughout its duration of use. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to KSB the sum of Four Thousand ($4,000) Dollars in payment for the community services described in Section 1 hereinabove for the period of January 1, 2010 – December 31, 2010. Additionally, City agrees to reimburse KSB up to the sum of One Thousand ($1,000.00) Dollars for material costs associated with general landscape maintenance and enhancements to the Liberty Garden in Bicentennial Park. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year 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 KSB ceases to provide services under this Agreement, KSB shall return any unexpended funds paid pursuant to this Agreement. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, KSB 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. 4F - 5 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 6 of 6 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. 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 Keep Southlake Beautiful have executed this agreement as of this day day of 2010. _________________________ Mayor, City of Southlake _________________________ President, Keep Southlake Beautiful Approved as to form and legality: Attorney at Law 4F - 6