Item 4KCity of Southlake, Texas
M E M O R A N D U M
November 21, 2007
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
Approve 2008 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 proposed annual agreement provides limited assistance
from the city in several regards:
Promotion and Awareness – the city will agree to post
information on the City of Southlake website for
promotion and awareness, meeting dates and times,
requests for assistance, and similar notices.
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.
In return, the city will require (1) that any information submitted
for posting on the website be prepared by the SHS and be
presented in accordance with standard procedures and subject
to review by the city; and (2) the storage space for SHS
materials and provided for SHS use is solely at the discretion of
the Director of Community Services or his designee.
The proposed Community Services Agreement is identical in
content to the agreement approved for 2007.
Financial
Considerations:
No funding is requested from the currently adopted FY 07-08
budget by the SHS.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 2
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 there were no changes recommended.
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 2008.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 2
2008 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. Prepare and propose all 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 4, 2007
Page 2
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.
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. 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.
SECTION 5
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.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 2
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