Item 4LCity 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 Keep
SUBJECT:
Southlake Beautiful
Action Requested:
City Council approval of a community services agreement with
Keep Southlake Beautiful for 2008.
Background
Information:
Keep Southlake Beautiful (KSB) is a non-profit, community-
based organization that first entered into an agreement with the
City of Southlake in 1994. KSB currently provides many
services to the community including educational programs,
environmental awareness, and the implementation of the
adopt-a-street program for Southlake city streets and right-of-
ways.
KSB has requested $5,000 for 2008 to support KSB programs
as outlined in the agreement. A KSB school partnership has
been developed to enhance the relationship between KSB and
all schools in Southlake through reuse/recycle, environmental,
and Teacher Grants programs. The Adopt-A-Street program
continues to operate with quarterly cleanups. Beautification
efforts include the City Street Tree program where 40 residents
will share the cost of native/adapted trees planted in the City’s
right-of-way. Other programs supported by KSB are the
celebration of Arbor Day with the City’s Parks and Recreation
Department’s Fall HarvestFest, the Great American Cleanup,
the Leaf Recycling Program and work with the City and other
organizations in developing the Liberty Garden and other
projects identified by the organization.
Financial
Considerations:
KSB has requested funding of $4,000 for 2008 for services
rendered to the community and $1,000 to be reimbursed to
KSB for material costs associated with general landscape
maintenance and enhancements to the Liberty Garden in
Bicentennial Park. This represents no change in funding from
the previous year’s agreement.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 2 of 6
Financial
Impact:
Funding for this item was included in the approved FY 2007-08
Community Services Division budget.
Citizen Input/
Board Review:
KSB Board of Directors has reviewed and approved the
proposed agreement with no substantive changes
recommended.
Legal Review:
This agreement was modeled after the standard community
services agreement utilized by the City. It has been reviewed
the City Attorney.
Alternatives:
Alternatives may include the following:
City Council approval of the proposed agreement
City Council approval of the proposed agreement with input
as desired
City Council decision not to renew proposed agreement
Supporting
Documents:
Supporting documents include the following items:
Proposed 2008 Agreement for Community Services with
Keep Southlake Beautiful
Staff
Recommendation:
City Council approval of the proposed Community Services
Agreement between Keep Southlake Beautiful and the City of
Southlake for 2008.
/lce
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 3 of 6
2008 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
KEEP SOUTHLAKE BEAUTIFUL
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
Keep Southlake Beautiful (hereinafter referred to as “KSB”), 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 KSB is to provide educational and motivational
programs to improve the appearance of the City of Southlake and to preserve and
enhance the local natural environment; and
WHEREAS
, KSB is a recognized member of Keep America Beautiful and Keep
Texas Beautiful with full membership rights and resources; and
WHEREAS
, City and KSB desire to enter into an Agreement whereby KSB will
provide beautification services to the citizens of Southlake;
NOW, THEREFORE,
City and KSB do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
KSB shall provide the following services:
1. Management of Adopt-A-Street programs on non-State highways within the City of
Southlake.
2. Litter pickup along city streets, shores, and parks as allowed by available volunteer
workers.
3. Education of citizenry on environmentally sound waste disposal practices, recycling,
and pollution control.
4. Promotion of tree planting and city beautification through landscaping.
5. Cooperation with local agencies, businesses, and citizens to render educational and
other services as is available through funding or other programs to promote
beautification and environmental awareness.
6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas
Beautiful.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 4 of 6
7. KSB will sponsor the partnership with Tarrant County Master Gardeners for
volunteer landscaping services and plant replacement in the Liberty Garden.
8. Provide recommendations on and promotions of possible recycling activities funded
through proceeds in the Recycling Recovery Fund.
SECTION 2
KSB FUNCTIONS
1. KSB Board of Directors shall meet periodically. The time, date, place, and agenda
of these meetings shall be solely defined by KSB.
2. KSB shall operate in accordance with its own approved by-laws.
3. Administration of the Adopt-A-Street program on non-State highways within the City
of Southlake shall be coordinated by KSB.
4. The City shall have the right to review the books and records kept incident to the
services provided by KSB to the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist KSB in coordinating KSB and City
operations. The City liaison shall be apprised of all board meetings of KSB, and the
liaison may participate at all scheduled meetings.
2. City shall provide staff assistance, advice, and technical expertise where feasible to
aid KSB. The nature, extent, and duration of such assistance shall be defined solely
by the City.
3. City shall provide administrative support to KSB, where feasible for such KSB
projects as: Quarterly Cleanups, Adopt-A-Street, Great American Cleanup, Arbor
Day, or other mutually agreed upon events/programs. The nature, extent, and
duration of this support shall be solely defined by the City.
4. City shall provide a meeting space for KSB Board of Directors meetings.
5. The City shall provide at no cost to KSB the use of the Liberty Garden pavilion for
events directly related to KSB including maintenance and educational programs
involving KSB partner organizations. Requests for use of the Liberty Garden
pavilion shall follow current reservation procedures.
6. City shall provide administration of the Street Tree Program as funded in FY 2006-
07 budget.
7. City shall maintain landscaping for the Liberty Garden at Bicentennial Park.
8. City shall through the recycling recovery fund provide and affix KSB labels on
recycling bin lids provided to new water and trash customers.
9. City shall assist in the administration of the annual leaf recycling/mulch program in
partnership with KSB and jointly seek ways for expansion of the program.
10. City shall install and provide maintenance of “Henry the Hippo” litter receptacle
throughout its duration of use.
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 5 of 6
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to KSB the sum of Four Thousand ($4,000) Dollars in payment for
services described in Section 1 hereinabove for the period of January 1, 2008 – December
31, 2008.
Additionally, City agrees to reimburse KSB up to the sum of One Thousand ($1,000.00)
Dollars for material costs associated with general landscape maintenance and
enhancements to the Liberty Garden in Bicentennial Park.
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.
2. Either party may terminate this Agreement upon 30 days written notice to the other
party. Upon termination, or if KSB ceases to provide services under this
Agreement, KSB shall return any unexpended funds paid pursuant to this
Agreement.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, KSB 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 KSB have executed this agreement as of this day
of , 200 .
Shana Yelverton, City Manager
City Council Meeting Date – December 4, 2007
Page 6 of 6
Approved as to legal form:
____________________________
Attorney at Law Mayor, City of Southlake
President, Keep Southlake Beautiful