Item 4OCity of Southlake, Texas
MEMORANDUM
November 29, 2006
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
SUBJECT: Approve 2007 Community Services Agreement with the Apex Arts League
Action Requested: City Council approval of a Community Services Agreement with the Apex
Arts League for 2007.
Background
Information: The Apex Arts League is a newly formed non - profit agency seeking to
enhance community awareness, participation, and appreciation of the arts
in the north central region of the Dallas/Fort Worth Metroplex. One of
their main objectives is to provide a venue for all performing and visual
arts in the region. The Apex Arts League seeks to secure funding, support,
and partnerships for this and other endeavors through local organizations,
community groups, and private businesses. In general, their scope of
services will include:
- Create a regional focal point for the arts.
- Enhance community awareness and appreciation for the arts.
- Provide a meeting facility for civic and community groups.
- Create a home for area arts groups offering space and support.
- Provide a venue for all performing and visual arts in the region
through efforts to secure support, funding, and partnerships with
various organizations, community groups, and private businesses.
- Promote educational instruction in the arts for all ages.
Financial
Considerations: The Apex Arts League has requested funding of $5,000 for 2007 for
services rendered to the community. Funding for this request is not
currently included in the approved fiscal year 2006 -07 budget; however, if
approved could be added during the mid -year budget adjustments.
Citizen Input/
Board Review: This item was on the agenda for review and recommendation from the
Public Art Advisory Commission at both their October and November
meetings; however, as a result of a lack of a quorum at both meetings they
were unable to take any action on this item.
The President of the Apex Arts League has reviewed the proposed
agreement and there were no changes recommended.
Legal Review: This agreement has been reviewed by the city attorney.
Shana Yelverton, City Manager
November 29, 2006
Page 2
Alternatives: Alternatives may include the following:
• Recommend approval of proposed agreement as presented
• Recommend approval of proposed agreement with input as desired
• Decision not to recommend approval of proposed agreement
Supporting
Documents: Proposed 2007 Agreement for Community Services with Apex Arts
League.
Recommendation: City Council approval of 2007 Community Services Agreement with the
Apex Arts League.
2007 AGREEMENT FOR COMMUNITY SERVICES
BETWEEN CITY OF SOUTHLAKE
AND
Shana Yelverton, City Manager
November 29, 2006
Page 2
APEX ARTS LEAGUE
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 Apex Arts League
( "AAL "), 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 AAL is to enhance community awareness, participation and
appreciation of the arts in the north central region of the Dallas / Fort Worth Metroplex; and,
WHEREAS, AAL seeks to provide quality cultural, civic and educational programs in a
regional home for the arts; and,
WHEREAS, City and AAL desire to enter into an Agreement whereby AAL will
promote and provide educational arts to the citizens of Southlake;
NOW, THEREFORE, City and AAL do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
AAL shall work to provide the following services:
1. Create a regional focal point for the arts.
2. Enhance community awareness and appreciation for the arts.
3. Provide a meeting facility for civic and community groups.
4. Create a home for area arts groups offering space and support.
5. Provide a venue for all performing and visual arts in the region through efforts to secure
support, funding, and partnerships with various organizations, community groups, and
private businesses.
6. Promote educational instruction in the arts for all ages.
SECTION 2
AAL FUNCTIONS
AAL Board of Directors shall meet periodically. The time, date, place, and agenda of
these meetings shall be solely defined by AAL. The City liaison shall be apprised of all
board meetings, and the liaison may participate at all scheduled meetings.
Shana Yelverton, City Manager
November 29, 2006
Page 2
2. AAL shall operate in accordance with its own approved by -laws.
3. Administration of the educational art programs shall be coordinated by AAL.
4. The City shall have the right to review the books and records kept incident to the services
provided by AAL to the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist AAL in coordinating AAL and City
operations. The City liaison shall be apprised of all board meetings of AAL, and the
liaison may participate at all scheduled meetings.
2. City shall provide staff assistance, advice, and technical expertise where feasible to aid
AAL in advertising programs and processing of applications and fees for classes. The
nature, extent, and duration of such assistance shall be defined solely by the City.
3. City shall provide administrative support to AAL, where feasible for such AAL projects
as: research for future facility, grants research, fundraising events or other mutually
agreed upon events /programs. The nature, extent, and duration of this support shall be
solely defined by the City.
4. The City, in accordance with current policies and guidelines, shall provide a meeting
space for AAL Board of Directors meetings.
5. The City, in accordance with current policies and guidelines, shall provide at no cost to
AAL the use of City facilities for events directly related to AAL including educational
programs involving AAL partner organizations. Requests for use of City Buildings shall
follow current reservation procedures.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to AAL the sum of Five Thousand ($5,000) Dollars in payment for services
described in Section 1 to promote awareness, participation and appreciation of the arts in the
north central region of the Dallas / Fort Worth Metroplex and seek to provide a venue for the
future enjoyment of such arts for the period effective date of signing until December 31, 2007.
In this Agreement, "effective date of signing" is the date the Agreement is executed by both
parties.
SECTION 5
TERM OF AGREEMENT
1. The initial term of this agreement shall be for a period from the effective date of signing
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
calendar year 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 AAL ceases to provide services under this Agreement, AAL shall
return any unexpended funds paid pursuant to this Agreement.
Shana Yelverton, City Manager
November 29, 2006
Page 2
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, AAL 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 AAL have executed this agreement as of this day
of 200
Approved as to legal form:
Attorney at Law
Mayor, City of Southlake
President, Apex Arts League