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Item 4IM 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 the SUBJECT: Southlake Historical Society Action Requested: City Council approval of the proposed agreement for community services with the Southlake Historical Society. Background Information: The Southlake Historical Society (SHS) serves as the city’s main point of contact for the awareness, promotion and clearinghouse for items of historical significance to Southlake, the region, and the state. The Southlake Historical Society is not seeking any direct funding from the City of Southlake. Highlights from the 2010 Community Services Agreement include: Promotion and Awareness – In the past, SHS provided promotional content for inclusion on the City of Southlake website, subject to the City’s approval. However, during 2008, SHS acquired their own website and are solely responsible for posting, management and maintenance of the SHS website including items for promotion and awareness, meeting dates and times, requests for assistance and similar notices. At times, the City may also post information, prepared and proposed by SHS, on the City of Southlake website, subject to the review by the City. Storage space – the City will agree to set aside a secured area on a temporary basis for the storage of historical items in the Parks and Recreation storage facility on Continental Blvd. solely at the discretion of the Director of Community Services or his designee. Financial Considerations: No funding is requested from the currently adopted FY 2010 budget by the SHS. 4I - 1 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 2 of 6 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 Solutions, Provide High Quality Customer Service and Actively Promote Opportunities for Partnerships and Volunteer Involvement. Financial Impact: Limited impact to current staff duties and time No foreseeable impact to current storage capacity Citizen Input/ Board Review: The Southlake Historical Society has reviewed and approved this agreement. Legal Review: This agreement was modeled after the standard community services agreements utilized by the city and has been reviewed by the City Attorney. Alternatives: Alternatives may include the following: Approval of proposed agreement Approval of proposed agreement with input as desired Decision not to approve proposed agreement Supporting Documents: Supporting documents include the following items: Proposed Agreement for Community Services with the Southlake Historical Society Staff Recommendation: City Council approval of the proposed Community Services Agreement between the Southlake Historical Society and the City of Southlake for 2010 4I - 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 HISTORICAL SOCIETY 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 the Southlake Historical Society (“SHS”), 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 the Southlake Historical Society is to provide educational and motivational programs to improve the understanding of items, places and persons of historical significance in and around Southlake for the enhancement of the City; and WHEREAS , SHS is in affiliation with a number of state agencies created to properly manage and promote the history of Texas and has modeled their program to take advantage of these resources; and WHEREAS , City and SHS desire to enter into an Agreement whereby SHS will provide historical preservation and promotional activities to the citizens of Southlake; NOW, THEREFORE, City and SHS do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES SHS shall provide the following services: 1. SHS shall manage and maintain their own SHS website, however, they may at times prepare and propose SHS content for inclusion on the City of Southlake’s website, subject to the City’s approval. Any additional services related to the preparation, formatting, and arrangement of SHS material on the city’s website shall be at the discretion of the Director of Community Services or his designee. 2. Maintain local membership and act as the local historical society for Southlake. 4I - 3 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 4 of 6 SECTION 2 SHS FUNCTIONS 1. The SHS Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by the SHS. The City liaison shall be informed of all board meetings, and the liaison may participate at all scheduled meetings. 2. The SHS shall operate in accordance with its own approved by-laws. 3. Administration of local historical preservation and awareness programs shall be coordinated by the SHS. 4. The City shall have the right to review the books and records kept incident to the services provided by the SHS to the City, if any. 5. The SHS shall be responsible for posting, management and maintenance of its own SHS website including items for promotion and awareness, meeting dates and times, requests for assistance and similar notices. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist the SHS in coordinating SHS and City operations. 2. The City shall provide limited staff assistance, advice, and technical expertise where feasible to aid the SHS. The nature, extent, and duration of such assistance shall be defined by the City. 3. The City shall provide a meeting space for the SHS Board of Directors meetings. 4. The City shall be responsible for the posting of SHS material on the City’s website, including items for promotion and awareness, meeting dates and times, requests for assistance, and similar notices at the discretion of the Director of Community Services. The material submitted for posting shall be in a format suitable for inclusion with minimal editing, formatting and layout required. 5. The City will provide limited space at a designated location, at the discretion of the Director of Community Services or his designee, for the storage and security of historically significant items for an interim period prior to their use by the SHS. SECTION 4 PAYMENT FOR SERVICES The City and the SHS agree that the services provided by the other represent an approximately equal value and, as such, there are no cash payments or other additional consideration due to the other party. 4I - 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. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, SHS 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. 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. 4I - 5 Shana Yelverton, City Manager City Council Meeting Date – January 5, 2010 Page 6 of 6 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 Historical Society have executed this agreement as of this day day of 2010. _________________________ Mayor, City of Southlake _________________________ President, Southlake Historical Society Approved as to form and legality: Attorney at Law 4I - 6