Item 4JCity of Southlake, Texas
MEMORANDUM
November 21, 2007
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
SUBJECT: Approve 2008 Community Services Agreement with the Southlake
Community Band
Action Requested: City Council approval of 2008 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, Holiday
Celebration 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 2008 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 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
Supporting
Documents: Proposed Agreement for Community Services with Southlake
Community Band.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
Staff
Recommendation: City Council approval of the 2008 Community Services Agreement
with the Southlae Community Band.
lee
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
2008 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, 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 9
SCOPE OF SERVICES
The Band shall provide the following services:
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, 2008 and
December 31, 2008_ Proposed events include:
❑ Fall Concert,
❑ Holiday Celebration
❑ Winter Holiday Concert
❑ Guest Artist Concert
❑ Annual Young Peoples Concerl
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
❑ Star and Stripes (City of Southlake July 4 th Celebration)
El 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
services described in Section 1 hereinabove for the period of January 1, 2008 —
December 31, 2008.
SECTION 4
TERM OF AGREEMENT
1. The term of this agreement shall be for a period of one (1) year 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 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 4, 2007
Page 2
SECTION 6
s IV411VEY, OF GOVEVVITENT&L
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
Southlake Community Band