Item 4I
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
SUBJECT: Approve 2009 Community Services Agreement with the
Southlake Community Band
Action Requested: City Council approval of 2009 Community Services
Agreement with the Southlake Community Band.
Background
Information: Southlake Community Band first received funding from the
City in 1995. Their request for financial support stemmed
from the increasing size of the Southlake Community Band,
as well as the growing number of area performances for the
public.
Over the past several years the Southlake Community Band
has added to their concert schedule in order to meet the
demands of a growing community, the on-going growth of
their jazz band activities, and an increased number of City
sponsored special events. The events in which the
Southlake Community Band performs includes the Stars and
Stripes Celebration, Home for the Holidays and various
concerts throughout the year. Their purpose is to provide
education and entertainment in an effort to increase local
appreciation of the arts.
Financial
Considerations: The Southlake Community Band has requested funding of
$7,000 for 2009 for services rendered to the community.
This represents no increase from the previous fiscal year.
Citizen Input/
Board Review: The Southlake Community Band has reviewed and approved
this agreement.
Legal Review: This agreement has been reviewed by the City Attorney.
Alternatives: Alternatives may include the following:
Approval of proposed agreement as presented
Approval of proposed agreement with input as desired
Decision not to renew proposed agreement
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 2 of 5
Supporting
Documents: Proposed Agreement for Community Services with
Southlake Community Band.
Recommendation: City Council approval of the 2009 Community Services
Agreement with the Southlake Community Band.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 3 of 5
2009 AGREEMENT FOR COMMUNITY SERVICE
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE COMMUITY BAND
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT is entered into by and between the City of Southlake,
Comment [TS1]:
Again, I recommend the same
changes as are 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 the Southlake Community Band (the “Band"), a
nonprofit organization operating in the Southlake, Grapevine, Colleyville area 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 Band is to support a strong local arts
program through local concert events which help provide a focus for the
expansion of other arts programs in the City of Southlake; and,
WHEREAS, the Band has served Southlake and surrounding communities
through such events since 1992; and,
WHEREAS, the City and the Band desire to enter into an Agreement
whereby the Band will provide entertainment and educational services to the
Southlake community and others as referred to by the City;
NOW, THEREFORE, City and Band do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Band shall provide the following services to the community:
1. Provide citizens access and opportunity to participate in the arts, support
community cultural events, and provide educational programs to both
children and adults in the community.
2. Perform concert events, free to the public, between January 1, 2009 and
December 31, 2009. Proposed events include:
Fall Concert,
Home for the Holidays
Winter Holiday Concert
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 4 of 5
Guest Artist Concert
Annual Young Peoples Concert
th
Stars and Stripes (City of Southlake July 4 Celebration)
Other concerts at Town Square
Art in the Square
3. Scheduling of concerts and make-up concerts, if necessary, will be by
agreement of the City Community Services Director and the Band
President.
SECTION 2
BAND(S) OPERATIONS
1. Band shall operate in accordance with its own approved by-laws.
2. The City shall have the right to review the books and records kept incident
to the services provided by the Band to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to the Band the sum of Seven Thousand ($7,000.00) in
payment for the community services described in Section 1 hereinabove for the
period of January 1, 2009 – December 31, 2009.
SECTION 4
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 the Band ceases to provide
services under this Agreement, the Band shall return any unexpended
funds paid pursuant to this Agreement.
SECTION 5
INDEPENDENT CONTRACTOR
In performing the services hereunder, the Band 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.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 5 of 5
SECTION 6
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 the Band have executed this
agreement as of this day of , 200 .
Approved as to legal form
and adequacy:
Attorney at Law Mayor, City of Southlake
President
SouthlakeCommunity
Band