Item 5FCity of Southlake, Texas
MEMORANDUM
January 14, 2004
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Director of Community Services (x1527)
SUBJECT: Approval of 2004 Agreement for Community Services with the Southlake
Community Band
Action Requested: City Council approval of the 2004 Agreement for Community Services
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.
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 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 $5,000 for FY
2003 -2004 for services rendered to the community. This request is within
the budgeted amount.
Citizen Input/
Board Review: The Southlake Community Band representative, Ken McMillan reviewed
this agreement and did not recommend any changes. Mr. McMillan or a
representative will attend the work session to answer any questions.
Legal Review: This agreement has been reviewed by the City attorney.
Alternatives: Alternatives may include the following:
• Changes in the funding amount as determined by City Council
• Non - renewal of community services agreement
Billy Campbell, City Manager
January 14, 2004
Page 2
Supporting
Documents: Proposed Agreement for Community Services with Southlake Community
Band.
Recommendation: City Council approval of the Scope of Services Agreement with the
Southlake Community Band.
AGREEMENT FOR COMMUNITY SERVICE
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 City Manager (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 at least
September 30, 20
six concert events, free to the public, between October 2003 and
04. Proposed events include:
Fall Concert,
Holiday Celebration
Winter Holiday Concert
Guest Artist Concert
Annual Young Peoples Concert
Star and Stripes (City of Southlake July 4 th Celebration)
Other concerts at Town Square
Art in the Square
3. 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(S) 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 Five Thousand ($5,000.00) in payment for services
described in Section 1 hereinabove.
SECTION 4
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 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
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 , 2004.
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake
President
Southlake Community Band