Item 4DCity of Southlake, Texas
M E M O R A N D U M
January 7, 2008
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
Approve 2008 Community Services Agreement with the Apex Arts
SUBJECT:
League
Action Requested:
City Council approval of the 2008 Community Services Agreement
with the Apex Arts League.
Background
Information:
The Apex Arts League is a non-profit agency seeking to enhance
community awareness, participation, and appreciation of the arts in
the north central region of the Dallas/Fort Worth Metroplex. One of
their main objectives is to provide a venue for performing and visual
arts in the region. The Apex Arts League seeks to secure funding,
support, and partnerships for this and other endeavors through
local organizations, community groups, and private businesses. In
general, their scope of services will include:
- Create a regional focal point for the arts
- Enhance community awareness and appreciation for the arts
- Provide a meeting facility for civic and community groups
- Create a home for area arts groups offering space and support
- Provide a venue for all performing and visual arts in the region
through efforts to secure support, funding, and partnerships with
various organizations, community groups, and private business
- Promote educational instruction in the arts for all ages
Financial
Considerations:
As part of the proposed agreement, funding in the amount of
$5,000 is requested for Apex Arts League for 2008, representing no
change in financial support from the 2007 agreement. Funding is
available in the approved FY 2007-08 general fund budget for this
proposed expenditure.
Citizen Input/
Board Review:
The Southlake Arts Council reviewed and recommended approval
(6-0) at their January 8, 2008 meeting.
The Chairman of the Apex Arts League has reviewed the proposed
agreement and there were no substantive changes recommended.
Shana Yelverton, City Manager
City Council Meeting Date – January 15, 2008
Page 2
Legal Review:
This agreement was modeled after the standard community
services agreement utilized by the City and 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 approve the proposed agreement
Supporting
Documents:
Proposed 2008 Agreement for Community Services with Apex Arts
League.
Recommendation:
City Council approval of the 2008 Community Services Agreement
with the Apex Arts League.
Shana Yelverton, City Manager
City Council Meeting Date – January 15, 2008
Page 3
2008 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
APEX ARTS LEAGUE
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 Apex Arts League (“AAL”), 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 Chairman.
WHEREAS
, the purpose of AAL is to enhance community awareness,
participation and appreciation of the arts in the north central region of the Dallas / Fort
Worth Metroplex; and,
WHEREAS
, AAL seeks to provide quality cultural, civic and educational
programs in a regional home for the arts; and,
WHEREAS
, City and AAL desire to enter into an Agreement whereby AAL will
promote and provide educational arts to the citizens of Southlake;
NOW, THEREFORE,
City and AAL do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
AAL shall work to provide the following services:
1. Create a regional focal point for the arts.
2. Enhance community awareness and appreciation for the arts.
3. Provide a meeting facility for civic and community groups.
4. Create a home for area arts groups offering space and support.
5. Provide a venue for all performing and visual arts in the region through efforts to
secure support, funding, and partnerships with various organizations, community
groups, and private businesses.
6. Promote educational instruction in the arts for all ages.
Shana Yelverton, City Manager
City Council Meeting Date – January 15, 2008
Page 4
SECTION 2
AAL FUNCTIONS
1. AAL Board of Directors shall meet periodically. The time, date, place, and
agenda of these meetings shall be solely defined by AAL. The City liaison shall
be apprised of all board meetings, and the liaison may participate at all
scheduled meetings.
2. AAL shall operate in accordance with its own approved by-laws.
3. Administration of the educational art programs shall be coordinated by AAL.
4. The City shall have the right to review the books and records kept incident to the
services provided by AAL to the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist AAL in coordinating AAL and City
operations. The City liaison shall be apprised of all board meetings of AAL, and
the liaison may participate at all scheduled meetings.
2. City shall provide staff assistance, advice, and technical expertise where feasible
to aid AAL in advertising programs and processing of applications and fees for
classes. The nature, extent, and duration of such assistance shall be defined
solely by the City.
3. City shall provide administrative support to AAL, where feasible for such AAL
projects as: research for future facility, grants research, fundraising events or
other mutually agreed upon events/programs. The nature, extent, and duration of
this support shall be solely defined by the City.
4. The City, in accordance with current policies and guidelines, shall provide a
meeting space for AAL Board of Directors meetings.
5. The City, in accordance with current policies and guidelines, shall provide at no
cost to AAL the use of City facilities for events directly related to AAL including
educational programs involving AAL partner organizations. Requests for use of
City Buildings shall follow current reservation procedures.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to AAL the sum of Five Thousand ($5,000) Dollars in payment for
services described in Section 1 to promote awareness, participation and appreciation of
the arts in the north central region of the Dallas / Fort Worth Metroplex and seek to
provide a venue for the future enjoyment of such arts for the period from the effective
date of signing until December 31, 2008. In this Agreement, “effective date of signing”
is the date the Agreement is executed by both parties.
Shana Yelverton, City Manager
City Council Meeting Date – January 15, 2008
Page 5
SECTION 5
TERM OF AGREEMENT
1. The term of this agreement shall be for a period beginning January 1, 2008 and
ending December 31, 2008. 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 2008
Agreement constitutes the first 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 AAL ceases to provide services under this
Agreement, AAL shall return any unexpended funds paid pursuant to this
Agreement.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, AAL 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 AAL have executed this agreement as of this day
of , 200 .
Approved as to legal form:
____________________________
Attorney at Law Mayor, City of Southlake
Chairman, Apex Arts League