Item 4JCity of Southlake, Texas
MEMORANDUM
November 20, 2006
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
SUBJECT: Approve 2007 Community Services Agreement with the Southlake
Community Band
Action Requested: City Council approval of Community Services Agreement with the
Southlake Community Band.
Background
Information: Southlake Community Band (previously Lake Cities Community Band)
first received funding from the City in 1995. Their request for financial
support stemmed from the increasing size of the Southlake Community
Band, as well as the growing number of area performances for the public.
Over the past several years the Southlake Community Band has added to
their concert schedule in order to meet the demands of a growing
community, the on -going growth of their jazz band activities, and an
increased number of City sponsored special events. The events in which
the Southlake Community Bands performs includes the Stars and Stripes
Celebration, Holiday Celebration and various concerts throughout the
year. Their purpose is to provide education and entertainment in an effort
to increase local appreciation of the arts.
Financial
Considerations: The Southlake Community Band has requested funding of $7,000 for 2007
for services rendered to the community. This represents an increase of
$2,000 to help offset rising costs for services and additional performances.
Funding for this increase was included and approved as part of the fiscal
year 2006 -07 budget.
Citizen Input/
Board Review: The Southlake Community Band has reviewed this agreement.
Legal Review: This agreement has been reviewed by the city attorney.
Alternatives: Alternatives may include the following:
• Approval of proposed agreement as presented
• Approval of proposed agreement with input as desired
• Decision not to renew proposed agreement
Supporting
Documents: Proposed Agreement for Community Services with Southlake Community
Band.
Shana Yelverton, City Manager
November 20, 2006
Page 2
Recommendation: City Council approval of the 2007 Community Services Agreement with
the Southlake Community Band.
Ice
Shana Yelverton, City Manager
November 20, 2006
Page 2
2007 AGREEMENT FOR COMMUNITY SERVICE
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE COMMUITY BAND
STATE OF TEXAS §
0
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
Community Band (the "Band "), a nonprofit organization operating in the Southlake, Grapevine,
Colleyville area 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 Band is to support a strong local arts program through
local concert events which help provide a focus for the expansion of other arts programs in the
City of Southlake; and,
WHEREAS, the Band has served Southlake and surrounding communities through such
events since 1992; and,
WHEREAS, the City and the Band desire to enter into an Agreement whereby the Band
will provide entertainment and educational services to the Southlake community and others as
referred to by the City;
NOW, THEREFORE, City and Band do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
The Band shall provide the following services:
1. Provide citizens access and opportunity to participate in the arts, support community
cultural events, and provide educational programs to both children and adults in the
community.
2. Perform concert events, free to the public, between January 1, 2007 and December 31,
2007. Proposed events include:
• Fall Concert,
• Holiday Celebration
• Winter Holiday Concert
• Guest Artist Concert
Shana Yelverton, City Manager
November 20, 2006
Page 2
• Annual Young Peoples Concert
• Star and Stripes (City of Southlake July 4 th Celebration)
• Other concerts at Town Square
• Art in the Square
Scheduling of concerts and make -up concerts, if necessary, will be by agreement of the
City Community Services Director and the Band President.
SECTION 2
BAND OPERATIONS
1. Band 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 Band to the City.
SECTION 3
PAYMENT FOR SERVICES
City agrees to pay to the Band the sum of Seven Thousand ($7,000.00) in payment for services
described in Section 1 hereinabove for the period of January 1, 2007 — December 31, 2007.
SECTION 4
TERM OF AGREEMENT
1. The term of this agreement shall be for a period of one (1) year beginning January 1,
2007 and ending December 31, 2007. 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 parry may terminate this Agreement upon 30 days written notice to the other party.
Upon termination, or if the Band ceases to provide services under this Agreement, the
Band shall return any unexpended funds paid pursuant to this Agreement.
SECTION 5
INDEPENDENT CONTRACTOR
In performing the services hereunder, the Band 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 6
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
Shana Yelverton, City Manager
November 20, 2006
Page 2
City, or any immunity applicable to its officers, agents, servants or employees.
IN WITNESS WHEREOF the City and the Band 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 Community Band