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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
Women's Club for Art in the Square
Action Requested: City Council approval of the proposed Community Services
Agreement between the Southlake Women's Club and the City of
Southlake for 2008.
Background
Information: The Southlake Women's Club is a non - profit organization
headquartered in Southlake. They provide assistance to charities
and other non - profit organizations in Southlake.
In the Spring of 2000, the Southlake Women's Club hosted a new
event, Art in the Square. It has been well received by the public
over the last seven years and has raised hundreds of thousands of
dollars to benefit local charities. The City of Southlake has been
involved with this event since its inception. The City has provided
use of various items and equipment to include tents, sound
systems, etc.
Although the Southlake Women's Club is not seeking any direct
funding from the City of Southlake for Art in the Square, the
renewal of a Community Services Agreement allows for Southlake
Women's Club continued use of City equipment during Art in the
Square.
Financial
Considerations: The Southlake Women's Club will be responsible for incurring the
cost for repairs or replacement of any equipment or supplies should
there be damage during their use. There is no direct funding
required from the City as part of this proposed agreement.
Financial Impact: The Southlake Women's Club provides funding to various charities
and organizations in Southlake and surrounding areas.
Citizen Input)
Board Review: This agreement has been reviewed by a Southlake Women's Club
officers and responded with no recommended changes,
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
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 the proposed community services agreement as
presented.
• Approval of the proposed community services agreement with
in -put as desired.
• Decision not to approve the proposed community services
agreement
Supporting
Documents: Supporting documents include the following items:
o Proposed Agreement for Community Services with the
Southlake Women's Club.
Staff
Recommendation. City Council approval of the proposed Community Services
Agreement between the Southlake Women's Club and the City of
Southlake for 2008.
lice
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
2008 AGREEMENT FOR COMMUNITY SERVICE
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE WOMEN'S CLUB FOR ART IN THE SQUARE
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 Women's Club, a nonprofit organization operating in the
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 Southlake Women's Club is to provide an annual arts
festival that benefits the community and charities in Southlake and surrounding
communities and provide a focus for the expansion of other arts programs in the City of
Southlake; and,
WHEREAS, the Southlake Women's Club has been in existence since 1985;
and,
WHEREAS, the City and the Southlake Women's Club desire to enter into an
Agreement whereby the Southlake Women's Club will provide services to citizens
through their hosting of a community event;
NOW, THEREFORE, City and the Southlake Women's Club do hereby covenant and
agree as follows:
SECTION 1
SCOPE OF SERVICES
Southlake Women's Club shall provide the following services:
1. Host Art in the Square which is a community event in which proceeds go to
charities serving children and families.
SECTION 2
SOUTHLAKE WOMEN'S CLUB(S) OPERATIONS
1. Southlake Women's Club 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 Southlake Women's Club to the City.
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
SECTION 3
USE OF CITY EQUIPMENT AND SUPPLIES
City agrees to offer, at the discretion of the City, the use of various equipment and
supplies to the Southlake Women's Club for the Art in the Square event for services
described in Section 1 hereinabove. Equipment and supplies must be returned to the
City in the same or better condition as when provided. The Southlake Women's Club
will be responsible for incurring the cost for repairs or replacement of any equipment or
supplies which are damaged during use by the Southlake Women's Club.
SECTION 4
PAYMENT FOR SERVICES
The City and the South lake. Women's Club agree that the services provided by the other
represent an approximately equal value and, as such, there are no cash payments or
other consideration due to the other party.
SECTION 6
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.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, Southlake Women's Club 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
Shana Yelverton, City Manager
City Council Meeting Date — December 4, 2007
Page 2
immunity of the City, or any immunity applicable to its officers, agents, servants or
employees.
IN WITNESS WHEREOF the City and the Southlake Women's Club 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 Women's Club