Item 4K
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 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 2009
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 will be 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 08-09
budget by the SHS.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 2 of 5
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 the
agreement and only minor changes were made to transition
management and maintenance of website content to SHS.
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 2009.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 3 of 5
2009 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.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
Page 4 of 5
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 apprised 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.
Shana Yelverton, City Manager
City Council Meeting Date – December 2, 2008
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.
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.
IN WITNESS WHEREOF the City and the SHS have executed this agreement as of this
day _______ of _________, 200 .
Approved as to legal form:
____________________________ _____________________________
Attorney at Law Mayor, City of Southlake
President, Southlake Historical Society