Item 4F
M E M O R A N D U M
November 12, 2008
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Interim Director of Community Services
Approve 2009 Community Services Agreement with Keep Southlake
SUBJECT:
Beautiful
Action Requested:
City Council approval of a community services agreement with
Keep Southlake Beautiful for 2009.
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 2009 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 with
the City’s Parks and Recreation Department’s Fall HarvestFest, 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 2009 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.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 2 of 6
Financial
Impact:
Funding for this item was included in the approved FY 2008-09
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 2009 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 2009.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 3 of 6
2009 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.
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.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 4 of 6
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 apprised 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 2008-09
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.
10. City shall install and provide maintenance of “Henry the Hippo” litter receptacle
throughout its duration of use.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 5 of 6
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, 2009 –
December 31, 2009.
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,
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 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.
IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day
of , 200 .
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 6 of 6
Approved as to legal form:
____________________________
Attorney at Law Mayor, City of Southlake
President, Keep Southlake Beautiful