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Item 4ECity of Southlake, Texas M E M O R A N D U M December 11, 2007 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services Approve 2008 Community Services Agreement with the Bob SUBJECT: Jones Nature Center Action Requested: City Council approval of 2008 community services agreement with the Bob Jones Nature Center. Background Information: The proposed renewal agreement contains the same language and provisions as last year’s agreement with a few minor changes pertaining to the procedures for administering contract instructors. The City will perform contracting services for joint City and Nature Center programming with the Nature Center reserving the right to also engage professional service contractors for joint programs in compliance with all City contracting practices. The Nature Center will continue to be responsible for recruiting and programming the facility but given the City’s existing ability to administer contractor payments this arrangement will benefit both parties. Bob Jones Nature Center (Nature Center) is a community- based organization that was formed to provide educational and recreational programs relating to nature. The Nature Center has a Board of Directors, bylaws, and is a non-profit organization. The proposed Community Services Agreement is for a term of one year, beginning January 1, 2008. Under the terms of the proposed Agreement the Nature Center, to the extent resources allow, is to provide:  Identification of contract instructors for joint programs and coordinating such information with City for engaging in professional services agreements.  Volunteers and intermittent staffing of a Nature Center.  Educational materials.  Guided trail programs and related nature activities.  Collaboration with City, local school districts, local agencies, businesses, community-based organizations and citizens to promote awareness of Nature Center programs and activities. Shana Yelverton Meeting Date – December 18, 2007 Page 2  Assistance with further development of Nature Center resources (trails, markers, and other physical enhancements)  Assistance with maintaining trails and preserving the Nature Center and surrounding environment.  Support for other park activities compatible with adjoining natural habitats. Under the terms of the proposed Agreement the City, to the extent resources allow, is to provide:  Contracting services for joint City and Nature Center programming.  A liaison to assist Nature Center in coordinating activities.  Staff assistance, advice, and technical expertise.  Administrative support to increase awareness of opportunities at the Nature Center.  Meeting space for regular meetings of the Nature Center Board of Directors and one annual membership meeting.  Waive standard rental fees for facility use for activities conducted by the Nature Center. The proposed Agreement also reserves the City’s right to review and approve all programs and activities that involve the use of City staff, resources, or property. In addition, Nature Center members and City staff have developed an operational plan to guide the daily site activities. Financial Considerations: No direct funding is requested as part of the proposed 2008 Agreement. Financial Impact: The fiscal year 2007-08 budget allocates funding for operational items such as staffing, equipment, office supplies and utilities. The City will receive 10% of program revenues generated by the Nature Center with 10% going to the Nature Center. The remaining percentage is reserved to pay contract instructors as needed. Citizen Input/ Board Review: The Parks Board reviewed and recommended approval (6-0) at their December 10, 2007 meeting. The Nature Center Board of Directors reviewed and approved the proposed agreement at their November meeting. A Shana Yelverton Meeting Date – December 18, 2007 Page 3 representative from the Nature Center Board will be present at the meeting to answer any questions. 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:  City Council approval of the proposed Agreement  City Council approval with modifications as desired.  City Council decision to not approve the proposed Agreement Supporting Documents: Supporting documents include the following items:  Proposed 2008 Agreement for Community Services with Bob Jones Nature Center Staff Recommendation: City Council approval of the proposed 2008 Community Services Agreement with the Bob Jones Nature Center. Shana Yelverton Meeting Date – December 18, 2007 Page 4 2008 AGREEMENT FOR COMMUNITY SERVICES BETWEEN THE CITY OF SOUTHLAKE AND BOB JONES NATURE CENTER 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 Bob Jones Nature Center (“Nature Center”), 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 Nature Center is to provide educational opportunities about the natural environment for residents of and visitors to the City; and to preserve and protect such natural environment within and surrounding the Nature Center; and WHEREAS , establishment of Nature Center at Bob Jones Park, has been recommended by the Southlake Park Board and approved by resolution of the City Council; and WHEREAS , City and Nature Center have determined that sections of City property within Bob Jones Park, including portions of adjacent Army Corps of Engineer Property, be designated as Nature Center; and WHEREAS , City and Nature Center desire to enter into an Agreement whereby Nature Center will provide services for environmental education and preservation, and for related use and enjoyment within the designated area to the residents of and visitors to Southlake; NOW, THEREFORE, City and Nature Center do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES Nature Center shall, in good faith and to the extent feasible within its resources, provide the following services: 1. Assist with establishment of and provide, to the extent Nature Center resources allow, volunteer intermittent staffing of a Nature Center services facility. 2. Develop educational materials and conduct guided trail programs and related nature activities for residents and other interested persons. Shana Yelverton Meeting Date – December 18, 2007 Page 5 3. Collaborate with City, local school districts, local agencies, businesses, community based organizations and citizens to the extent that resources are available, to promote awareness of Nature Center programs and activities and of the natural environment. 4. Assist with further development of Nature Center resources, including trails, markers, and other physical enhancements to increase opportunities to learn about the natural environment and history of the designated areas. 5. Assist with maintaining trails and preserving the Nature Center and surrounding environment to assure minimal disturbance to natural habitats and the environment. 6. Support other park activities compatible with adjoining natural habitats. 7. Nature Center shall operate in accordance with its own approved by-laws and amendments thereof. 8. Nature Center Board of Directors shall meet as defined by the by-laws. The time, date, place, and agenda of these meetings shall be solely defined by Nature Center. 9. City shall have the right, after reasonable notice, to review the books and records kept incident to the services provided by Nature Center to the City. 10. The City shall be provided a copy of the dates for all Board meetings and special meetings in order to allow opportunity for the City liaison to attend said meetings. 11. The Nature Center agrees to be responsible for identifying contract instructors for joint programs and coordinating such information with City for engaging in professional services agreements. Nature Center reserves the right to engage professional service contractors for joint programs. Nature Center agrees to comply with all City contracting practices, and include as a minimum all terms and conditions of City’s personal services agreement. Nothing in this agreement shall preclude the Nature Center from entering into contracts for services not related to joint City and Nature Center programs occurring on City facilities. The Nature Center shall be responsible for supplies and other joint program costs. 12. Nature Center shall operate in accordance with the Operating Plan as approved by the Director of Community Services and Bob Jones Nature Center board of directors. City shall provide the following services: 1. A liaison, as appointed by the Director of Community Services or his designee, will be provided by the City to assist Nature Center in coordinating activities in which City and Nature Center are collaborating to the nature, extent, and duration defined solely by the City. The liaison may participate in Board meetings and special meetings to the extent deemed feasible by the City to support coordination of collaborative activities. 2. City shall offer, to the extent that City resources allow, staff assistance, advice, and technical expertise to Nature Center. The nature, extent, and duration of such assistance shall be defined solely by the City. 3. City shall provide administrative support to Nature Center, to the extent feasible, for such Nature Center activities as promotional events for increasing awareness of the Nature Center and its actual or potential use, training volunteers, educating citizens about the local natural environment, organizing events for the development and maintenance of trails and related enhancements within the Nature Center, and other Shana Yelverton Meeting Date – December 18, 2007 Page 6 projects as might from time to time be jointly planned. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall reserve the right to review and approve Nature Center annual programs schedule which shall be presented to City at least 30 days prior to the calendar year. If additional programs are proposed during the year, Nature Center will notify City and schedule only after City's review and approval. City agrees to complete the review and approval within a reasonable time. City shall provide reasonable notice to Nature Center of any events scheduled at Bob Jones Nature Park that conflicts with Nature Center scheduled events. The City shall reserve the right to review and approve all programs and activities that involve the use of City staff, resources, or property. 5. City agrees to perform contracting services for joint City and Nature Center programming, unless Nature Center exercises its option to contract directly as stipulated in Section 1, Paragraph 11 of this agreement. City shall retain a minimum of 10% of joint program gross revenue and disperse a minimum of 10% of joint program gross revenue to the Nature Center. Any excess gross revenue from joint programs shall be equally divided between the City and Nature Center. 6. City shall provide a meeting space for regular meetings of the Nature Center Board of Directors and one annual membership meeting. Upon reasonable notice, City shall provide space for special meetings of Nature Center as might from to time to time be called, if space is available. 7. Standard rental fees for facility use shall not apply to the Nature Center for those activities conducted by the Nature Center in conjunction with this agreement. Such permitted use of any facility or property is not necessarily exclusive to Nature Center. 8. All fundraising activities by the Nature Center occurring on park property shall comply with all park use policies that may be in place at the time. SECTION 2 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 Nature Center ceases to provide services under this Agreement, Nature Center shall, if requested by City, immediately vacate its occupancy of any City facilities or property and surrender any City owned equipment, resources or other property. Shana Yelverton Meeting Date – December 18, 2007 Page 7 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 Nature Center for services described in Section 1 hereinabove. Equipment and supplies must be returned to the City in the same or better condition, subject to ordinary wear, as when provided. The Nature Center will be responsible for incurring the cost for repairs or replacement of any equipment or supplies which are damaged during use by the Nature Center. SECTION 4 INDEPENDENT CONTRACTOR In performing the services hereunder, Nature Center 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 5 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 Nature Center have executed this agreement as of this day of , 200 . Approved as to legal form: ____________________________ Attorney at Law Mayor City of Southlake President Bob Jones Nature Center