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Item 4GM E M O R A N D U M December 15, 2009 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services Approve 2010 Community Services Agreement with Southlake SUBJECT: Sister Cities Action Requested: City Council approval of a Community Services Agreement with Southlake Sister Cities for 2010. Background Information: Southlake Sister Cities is a non-profit, community-based organization established in 1991. The purpose of Southlake Sister Cities is to foster global understanding, friendship and communication through exchanges with Southlake’s Sister Cities. Southlake’s current sister cities are Tome-City, Japan, and El Fuerte, Mexico. Southlake Sister Cities members act as the official hosts for visitors from the sister cities as well as representing Southlake during visits to the sister cities. Southlake Sister Cities organizes two youth exchanges each year: a group of youth from Southlake who visit Tome-City and a group of youth from Tome-City who visit Southlake. Financial Considerations: The proposed agreement outlines the services to be provided by Southlake Sister Cities, defines the term of the agreement, and requests funding of $5,000 for the upcoming year. The funding will help offset costs for hosting Sister City visitors, continued City membership and participation in the Sister Cities International Program. Funding is available within the approved fiscal year 2010 budget. In addition to the $5,000 budgeted in the General Fund, the City shall also provide 50% of the monies collected from the Town Square fountain to Southlake Sister Cities for promotional and educational purposes. 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 Unique Spaces for Enjoyment of Personal Interests, Collaborate with Select Partners to Implement Service 4G - 1 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 2 of 6 Solutions, Provide High Quality Customer Service and Actively Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: Southlake Sister Cities Board of Directors has reviewed this agreement. Southlake City Council member and Sister Cities Board President Virginia Muzyka will be present to answer any questions during the work session. Legal Review: This agreement was modeled after the standard community services agreements utilized by the City. The City Attorney’s Office has reviewed the agreement. Alternatives: Alternatives may include the following: Approval of the proposed agreement as submitted Approval of the proposed agreement with input as desired Decision not to approve the proposed agreement Supporting Documents: Supporting documents include the following items: Proposed Agreement for Community Services with Southlake Sister Cities. Staff Recommendation: City Council approval to enter into the proposed 2010 Agreement for Community Services between Southlake Sister Cities and the City of Southlake. 4G - 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 SOUTHLAKE SISTER CITIES 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 Southlake Sister Cities, 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 , Southlake Sister Cities is dedicated to fostering international understanding, friendship and communication with their sister cities; and WHEREAS , Southlake Sister Cities is a member of Sister Cities International; and WHEREAS, the City finds it desirable to promote world peace through a better understanding of other cultures; and WHEREAS , the City and Southlake Sister Cities desire to enter into an Agreement whereby Southlake Sister Cities will provide educational and cultural exchange services to the citizens of Southlake; NOW, THEREFORE, City and Southlake Sister Cities do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES Southlake Sister Cities shall provide the following services: 1. Act as the official liaison between Southlake’s sister cities partners. Current cities are Tome, Japan and El Fuerte, Mexico. 2. Serve as host for visitors from Southlake’s Sister Cities, including assisting with overnight accommodations, meals, touring, official receptions, etc. 4G - 3 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 4 of 6 3. Provide the citizens of Southlake with information on the sister cities through a variety of educational programs. 4. Promote the Southlake Sister Cities program to the citizens of Southlake. 5. Represent Southlake in exchange visits to Southlake’s Sister Cities. SECTION 2 SOUTHLAKE SISTER CITY FUNCTIONS 1. Southlake Sister Cities Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by Southlake Sister Cities. 2. Southlake Sister Cities 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 Southlake Sister Cities to the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist Southlake Sister Cities in coordinating Southlake Sister Cities and City operations. The City liaison shall be informed of all board meetings of Southlake Sister Cities, and the liaison may participate at all scheduled meetings. 2. City shall provide minimal staff assistance, advice, and technical expertise where feasible to aid Southlake Sister Cities. The nature, extent, and duration of such assistance shall be solely defined by the City. 3. City shall provide limited administrative support to Southlake Sister Cities, where feasible. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for Southlake Sister Cities Board of Directors meetings. 5. City may provide gifts to Southlake Sister Cities on appropriate occasions of the kind and quality customarily exchanged between sister cities, subject to City Council approval. 6. City shall provide 50% of the money collected from the Town Square fountain to Southlake Sister Cities for promotional and educational purposes. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to Southlake Sister Cities the sum of Five Thousand ($5,000.00) Dollars in payment for services described in Section 1 hereinabove for the period of January 1, 2010-December 31, 2010. The City also agrees to allocate 50% of the funds collected from the fountain in Town Square to Southlake Sister Cities as described in Section 3 for the period of January 1, 2010-December 31, 2010. 4G - 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 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 Southlake Sister Cities ceases to provide services under this Agreement, Southlake Sister Cities shall return any unexpended funds paid pursuant to this Agreement. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, Southlake Sister Cities 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 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. 4G - 5 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 6 of 6 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 Southlake Sister Cities have executed this agreement as of this day day of 2010. _________________________ Mayor, City of Southlake _________________________ President, Southlake Sister Cities Approved as to form and legality: Attorney at Law 4G - 6