Item 4FCity 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 Southlake DPS
SUBJECT:
Citizens Association (SDCA)
___________________________________________________________________
Action Requested:
City Council approval of the 2008 community services agreement with
Southlake DPS Citizens Association (SDCA).
Background
Information:
Southlake DPS Citizens Association (SDCA) is a non-profit organization
in Southlake that has been working with the City’s Public Safety and
Community Services departments to construct a Safety Town facility in
Bicentennial Park. Safety Town will be a miniaturized version of a
downtown, used to promote and teach safe practices for children within
the community through educational programs and interactive facilities.
SDCA will seek funding for a portion of the construction costs related to
Safety Town through sponsorship opportunities and will enter into
Safety Town Sponsorship Agreements with the sponsor for promotional
and/or advertising and other rights as outlined in “Attachment A -
Sponsorship Agreement” attached to the Community Services
Agreement. SDCA will disburse moneys collected pursuant to the
Sponsorship Agreements to the City for use in the construction of
Safety Town.
The proposed agreement also provides SDCA with authorization to
utilize an ambulance to be retired by the City as part of the Fire Rehab
program. The retired ambulance would be owned, maintained, and
stocked by the City with SDCA providing volunteers to use the vehicle
to deliver and serve refreshments to DPS employees at emergency
scenes and training exercises. Any striping or decaling of the rehab
vehicle would be approved by the Chief of Fire Services and furnished
at the sole cost of the SDCA.
Given SDCA’s direct and ongoing involvement in Safety Town, in
addition to their continuing support of the Department of Public Safety
operations, a community services agreement outlining roles and
responsibilities is in the best interest of both parties.
Financial
Considerations:
The City and SDCA 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.
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
Financial Impact:
SDCA provides services not offered by the City. City provision of these
services would require additional personnel, capital investment for
facilities and equipment and operational expenses.
Citizen Input/
Board Review:
The Parks Board reviewed and recommended approval (6-0) as it
relates to the Safety Town portion of the agreement at their December
10, 2007 meeting.
SDCA has reviewed the proposed agreement.
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:
Council approval as presented
Council approval with changes as desired
Council decision not to approve the proposed community services
agreement
Supporting
Documents:
Supporting documents include the following items:
Proposed Agreement for Community Services with SDCA.
Staff
Recommendation:
City Council approval of the proposed 2008 Community Services
Agreement between SDCA and the City of Southlake.
/lce
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
THE SOUTHLAKE DPS CITIZENS ASSOCIATION
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 DPS
Citizens Association (“SDCA”), a nonprofit organization operating in the City of Southlake acting by
and through its duly authorized President.
WHEREAS
, the purpose of the SDCA is to provide support for the Southlake Department of
Public Safety; and
WHEREAS,
The City and SDCA are actively seeking to construct a Safety Town facility in
Bicentennial Park; and
WHEREAS,
The purpose of Safety Town is to promote safe practices for children within the
community through educational programs and interactive facilities; and
WHEREAS,
the SDCA desires to provide funding support for the construction of Safety
Town by promoting sponsorship opportunities for Safety Town; and
WHEREAS,
the SDCA provides on-going support of DPS personnel at emergency scenes
through their Fire Rehab group;
NOW, THEREFORE,
City and SDCA do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
SDCA shall provide the following services:
1. Contact entities who may be interested in sponsorship opportunities at Safety Town.
Particular interest and preference will be given to potential sponsors operating within the
City of Southlake.
2. Ensure that those entities which agree to sponsor Safety Town enter into a Sponsorship
Agreement containing the same terms as the Agreement attached hereto as Attachment “A”
or similar terms agreed to in advance by the City.
3. Monitor compliance by sponsors with all terms of the Sponsorship Agreements.
4. Disburse all moneys collected pursuant to Sponsorship Agreements to the City for use in
the construction and/or maintenance of Safety Town.
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
5. Prepare, submit and present requests for matching funds to the appropriate Boards based
on the sponsorship amounts raised.
6. Terminate any Sponsorship Agreement, in accordance with its terms, when requested to do
so by the City.
7. Provide a Fire Rehab group consisting of an adequate number of SDCA members available
for response to emergency scenes and training events when contacted by the Department.
Those members operating the Fire Rehab vehicle (Sec. 3.5 below) must be trained and
sanctioned by the Chief of Fire Services or his designee.
8. Provide approved striping or decaling of the Fire Rehab vehicle in a manner approved by
the Chief of Fire Services at the sole cost of the SDCA.
SECTION 2
SDCA FUNCTIONS
1. The SDCA Board of Directors shall meet in accordance with its by laws. The time, date,
place, and agenda of these meetings shall be solely defined by the SDCA. The City shall be
apprised of all board meetings.
2. The SDCA shall operate in accordance with its own approved by-laws.
3. The City shall have the right to review the books and records kept incident to the services
provided by the SDCA to the City, if any.
4. The SDCA board shall designate a SDCA member or board member to perform as the
official point of contact for any communication with the City and direct this representative to
focus their official communications with the City to a corresponding point of contact (person)
designated by the City for this purpose. The two so named shall act to funnel, distribute and
administer the movement of information between the two organizations.
5. SDCA members other than board members, or the above designated representative, shall
not represent the SDCA in meetings with the City.
SECTION 3
CITY FUNCTIONS
1. The City shall provide staff assistance, advice, and technical expertise where feasible to aid
the SDCA. The nature, extent, and duration of such assistance shall be defined by the City
and be agreed to by the SDCA.
2. The City shall provide a meeting space for the SDCA Board of Directors meetings as
requested by the SDCA.
3. The City may post SDCA material on the City’s website, including items for promotion and
awareness, meeting dates and times, requests for assistance, and similar notices as well as
link(s) to SDCA related web sites. The material submitted for posting shall be in a format
suitable for inclusion with minimal editing, formatting and layout required.
4. The City shall designate an individual to perform as the official point of contact for any
communication with SDCA and direct this representative to focus their official
communications with the SDCA to the corresponding point of contact (person) designated
by the SDCA for this purpose. The two so named shall act to funnel, distribute and
administer the movement of information between the two organizations.
5. The Southlake Department of Public Safety, at its discretion and assuming availability, will
provide a retired ambulance to the SDCA Fire Rehab group for use as a rehab vehicle at
emergency scenes and training events requiring rehab function.
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
6. The City will retain title to and will endeavor to provide insurance covering SDCA drivers.
The City will be responsible for all maintenance costs, including fuel to the SDCA Fire
Rehab vehicle.
7. The Fire Rehab vehicle contents and supplies will be furnished by the City.
SECTION 4
PAYMENT FOR SERVICES
The City and the SDCA 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 . 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.
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, SDCA 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 SDCA have executed this agreement as of this day
_______ of _________, 200 .
Approved as to legal form:
____________________________ _____________________________
Attorney at Law Mayor, City of Southlake
______________________________
President, Southlake DPS Citizens Association
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
ATTACHMENT “A”
“SAFETY TOWN”
SPONSORSHIP AGREEMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS AGREEMENT
made and entered into this_______day of _______________________
2007, by and between the Southlake DPS Citizens Association (SDCA), a non-profit organization,
and _________________________, hereinafter called the “Sponsor.”
WHEREAS,
The City of Southlake (hereinafter referred to as “City”) is actively seeking to construct
a Safety Town facility in Bicentennial Park; and
WHEREAS,
the purpose of Safety Town is to promote safe practices for children within the
community through educational programs and interactive facilities; and
WHEREAS,
the SDCA desires to support the City’s efforts in constructing Safety Town by
promoting sponsorship opportunities at Safety Town; and
WHEREAS,
the Sponsor wishes to contract with SDCA for the right to be a sponsor of the Safety
Town;
NOW, THEREFORE,
in consideration of the promises, terms and conditions set for the below, the
parties hereby agree as follows:
1.0 TERM OF AGREEMENT
1.1 The term of the Sponsorship shall begin when the Sponsorship fee is paid in full to
SDCA.
1.2 The Sponsorship term ends as delineated on the attached “Exhibit A” and is
dependant upon the sponsorship opportunity entered into unless this Agreement is
terminated according to the terms listed in Section 6.0 of this Agreement.
1.3 The Sponsor shall have right of first refusal to renew this sponsorship Agreement at
the expiration of this Agreement unless the Agreement is terminated as provided in
Section 6.0 of this Agreement.
2.0 SPONSORSHIP FEE
2.1 In consideration of the grant of the sponsorship rights under this Agreement, the
Sponsor shall pay to SDCA the sponsorship fee referred to in “Exhibit A”
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
3.0 SPONSOR RIGHTS/RESPONSIBILITIES
3.1 Sponsor shall have the right to use the image of Safety Town and the component it is
sponsoring for promotional and/or advertising purposes during the Term of this
Agreement. If this Agreement is terminated pursuant to Section 6.0 herein, the right
to use the image of Safety Town and the component sponsored shall immediately
cease.
3.2 Sponsor acknowledges that by accepting this sponsorship neither the SDCA, nor the
City Southlake is endorsing the Sponsor’s products, services or business activities.
3.3 Sponsor represents and warrants that it is free to enter into this Sponsorship
Agreement without violating the rights of any third party, and that its advertising does
not infringe the copyrights, trademarks, patents, or any other intellectual property
and/or proprietary rights of any third party.
4.0 SCDA RIGHTS/RESPONSIBILITIES
4.1 The SDCA grants the Sponsor the sponsorship benefits set out in Attachment A for
the term of this Agreement.
4.2 The SDCA and the City shall recognize the Sponsor’s sponsorship in a manner
acceptable to the City in advertising and promotional material produced, published,
broadcast, displayed or exhibited by the SDCA or the City with respect to Safety
Town.
4.3 Sponsor agrees that the SDCA and the City’s right to use Sponsor’s name shall
survive the termination of this Agreement as to any advertising or promotional
material already in existence at the time of the termination.
5.0 INDEPENDENT CONTRACTOR
5.1 The SDCA and the Sponsor shall act as, and shall be independent contractors in all
aspects of this Agreement. Sponsor shall not be deemed an employee, agent or
partner of the City or SDCA. Neither party shall have the authority to make binding
representations on behalf of the other
6.0 TERMINATION OF CONTRACT
Cancellation by Notice. Either party may terminate this Agreement at any time for
any reason with a thirty (30) days written notice. Upon termination, SDCA shall make
a pro rata refund for the amount of time left on the term of the Agreement.
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
IN WITNESS THEREOF,
two (2) identical counterparts of this Agreement, each of which shall be
deemed an original thereof, have been duly executed by the parties herein named, on the day and
year first above written.
SPONSOR SDCA
By: By:
Print Name Print Name
Title Title
BUSINESS NAME
ADDRESS
PHONE
______________________________
Date of full receipt of payment
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
Southlake Safety Town Corporate Sponsorship
EXHIBIT “A”
Southlake Safety Town
Sponsorship Opportunities
Sponsor a Building
$8,000
Name on Miniature Building within Safety Town for three years
Company name or logo on marketing materials
Sponsor a Lifetime Building
$25,000
Name on plaque Miniature Building within Safety Town for fifteen years
Company name or logo on marketing materials.
Sponsor Water Fountain, Two are Needed
$3500
Water fountain to be placed within Safety Town compound.
Company name on plaque for fifteen years
Company name on marketing materials
Sponsor Picnic Bench, Three are Needed
$2500
Picnic bench under shade pavilion to give families a place to gather
when visiting Safety Town. These will be ADA compliant
Company name on plaque for fifteen years
Sponsor Trash Can, Two are Needed
$900
Safety Town will need to have two trash cans.
Company name on plaque on cans for three years
Sponsor Shade Tree, Fifteen are Needed
$500
Cool shady spots will be needed to gather under.
Opportunities
Sponsor Landscape Irrigation, Plantings, Shrubs, or Sod
Sponsor Electrical or Plumbing Services
Shana Yelverton, City Manager
Parks Board Meeting Date – December 11, 2007
Page 2
Yes, we are interested in sponsorship
□
Southlake Safety Town Sponsorship
Corporate Sponsor Name ___________________________________________________
□ $25,000 Building □ $8,000 Building
Contact Name _______________________________________Title_________________
□ $3,500 Water Fountain □ $ 900 Trash Can
Contact Mailing Address ___________________________________________________
□ $2,500 ADA Picnic Bench □Other Services
Contact Email Address________________________________Phone________________
Corporate Sponsor Name ________________________________________
Contact Name _______________________________Title______________
Contact Mailing Address _________________________________________
Contact Email Address_________________________Phone______________
□ Please Contact me, I am interested
□ Payment is enclosed.
Signature______________________Date_____________
□ Please invoice us.
__________Date___________________
Opportunities
Please send this form to:
Anne Wise
Southlake DPS Citizens Association
P.O. Box 93081
Southlake, TX 76092
awise@wiseacres.com
*The federal tax id # for the SDCA is 04-3714182