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Item 4H M E M O R A N D U M November 13, 2008 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Interim Director of Community Services Approve 2009 Community Services Agreement with Southlake SUBJECT: Sister Cities Action Requested: City Council approval of a Community Services Agreement with Southlake Sister Cities for 2009. 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 of 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 2008-09 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 use as scholarships for Sister Cities Youth Ambassador trips. Citizen Input/ Board Review: Southlake Sister Cities Board of Directors has reviewed this agreement. Southlake City Council member and Sister Cities Board President John Terrell will be present to answer any questions during the work session. Shana Yelverton, City Manager City Council Meeting Date – December 2, 2009 Page 2 of 5 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 2009 Agreement for Community Services between Southlake Sister Cities and the City of Southlake. Shana Yelverton, City Manager City Council Meeting Date – December 2, 2009 Page 3 of 5 2009 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, Comment [TS1]: I recommend the same changes as in the GRACE agreement. 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 global understanding, friendship and communication through exchanges with Southlake’s Sister Cities of Tome, Japan and El Fuerte, Mexico; 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 of 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. 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. Shana Yelverton, City Manager City Council Meeting Date – December 2, 2009 Page 4 of 5 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 apprised 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 use as scholarships for Sister Cities Youth Ambassador trips. 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, 2009-December 31, 2009. 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, 2009-December 31, 2009. Shana Yelverton, City Manager City Council Meeting Date – December 2, 2009 Page 5 of 5 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 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. IN WITNESS WHEREOF the City and Southlake Sister Cities have executed this agreement as of this the day of , 200 . Approved as to legal form: Attorney at Law Mayor, City of Southlake President, Southlake Sister Cities