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Item 5ECity of Southlake, Texas MEMORANDUM January 14, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Interim Director of Community Services (ext. 1527) SUBJECT: Approval of 2004 Agreement for Community Services with Southlake Sister Cities. Action Requested: City Council approval of 2004 Agreement for Community Services with Southlake Sister Cities. Background Information: Southlake Sister Cities is a non - profit, community -based organization established in 1991. The purpose of Southlake Sister Cities is to foster global understanding, friendship and communication through exchanges with Southlake's Sister Cities of Toyoma, Japan, and El Fuerte, Mexico. Southlake Sister Cities members act as the official hosts for visitors from the sister cities as well as representing Southlake during visits to the sister cities. Southlake Sister Cities organizes two youth exchanges each year: a group of youth from Southlake who visit Toyoma and a group of youth from Toyoma who visit Southlake. Periodic trips to El Fuerte are also scheduled through Southlake Sister Cites. This is the third year that Southlake Sister Cities has requested funding from the City's community services fund. In the past, the City of Southlake was a member of Southlake Sister Cities and paid an annual $1,000 membership fee. Financial Considerations: Southlake Sister Cities has requested funding of $1,000 for FY 2003 -2004 for services rendered to the community. The approved FY 2003 -2004 Community Services Division budget has funding allocated for community services agreements and the requested financial support is within the budgeted amount. Citizen Input/ Board Review: Southlake Sister Cities Board of Directors has reviewed this agreement and did not make any changes. Southlake City Council member and Sister Cities Board President Ralph Evans, will be present to answer any questions during the work session. Billy Campbell, City Manager January 14, 2004 Page 2 Legal Review: This agreement was modeled after the standard community services agreement utilized by the City for the past two years. The City Attorney's Office has reviewed the agreement. Alternatives: Alternatives may include the following: • Changes in the funding amount as determined by City Council • Non - renewal of community services agreement Supporting Documents: Supporting documents include the following items: • Proposed Agreement for Community Services with Southlake Sister Cities. Staff Recommendation: City Council approval to enter into the proposed 2004 Agreement for Community Services between Southlake Sister Cities and the City of Southlake. /lc -e AGREEMENT FOR COMMUNITY SERVICES STATE OF TEXAS § r, 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 City Manager (hereinafter referred to as "City "), and Southlake Sister Cities, 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 Southlake Sister Cities is dedicated to fostering global understanding, friendship and communication through exchanges with Southlake's Sister Cities of Toyoma, Japan and El Fuerte, Mexico; and WHEREAS, Southlake Sister Cities is a member of Sister Cities International; and WHEREAS, the City finds it desirable to promote world peace through a better understanding of other cultures; and WHEREAS, City and Southlake Sister Cities desire to enter into an Agreement whereby Southlake Sister Cities will provide educational and cultural exchange services to the citizens of Southlake; NOW, THEREFORE, City and Southlake Sister Cities do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES Southlake Sister Cities shall provide the following services: 1. Act as the official liaison between Southlake's sister cities of Toyoma, Japan and El Fuerte, Mexico. 2. Serve as host for visitors from Southlake's Sister Cities, including assisting with overnight accommodations, meals, touring, official receptions, etc. 3. Provide the citizens of Southlake with information on the sister cities through a variety of educational programs. 4. Promote the Southlake Sister Cities program to the citizens of Southlake. 5. Represent the Southlake in exchange visits to the sister cities. SECTION 2 SOUTHLAKE SISTER CITY FUNCTIONS 1. Southlake Sister Cities Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by Southlake Sister Cities. 2. Southlake Sister Cities 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 Southlake Sister Cities to the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist Southlake Sister Cities in coordinating Southlake Sister Cities and City operations. The City liaison shall be apprised of all board meetings of Southlake Sister Cities, and the liaison may participate at all scheduled meetings. 2. City shall provide minimal staff assistance, advice, and technical expertise where feasible to aid Southlake Sister Cities. The nature, extent, and duration of such assistance shall be solely defined by the City. 3. City shall provide limited administrative support to Southlake Sister Cities, where feasible. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for Southlake Sister Cities Board of Directors meetings. 5. City may provide gifts to the sister cities on appropriate occasions of the kind and quality customarily exchanged between sister cities, subject to City Council approval. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to Southlake Sister Cities the sum of One Thousand ($1,000.00) Dollars in payment for services described in Section 1 hereinabove. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning January 1, 2004 and ending December 31, 2004. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. Upon termination, or if Southlake Sister Cities ceases to provide services under this Agreement, Southlake Sister Cities shall return any unexpended funds paid pursuant to this Agreement. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, Southlake Sister Cities 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 Southlake Sister Cities have executed this agreement as of this the day of , 2004. Approved as to legal form: Attorney at Law Mayor, City of Southlake President, Southlake Sister Cities