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Item 10CCity of Southlake, Texas 1/ 1/ • C N \ It 1/ 1 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 Keep Southlake Beautiful Action Requested: City Council approval of the agreement for community services with Keep Southlake Beautiful in the amount of $4,000. Background Information: Keep Southlake Beautiful (KSB) is a non - profit, community -based organization that first entered into an agreement with the City of Southlake in 1994. KSB currently provides many services to the community including educational programs, environmental awareness, and the implementation of the adopt -a- street program for Southlake city streets and right -of -ways. KSB has requested $4,000 for FY 2004 to support KSB programs as outlined in the agreement. KSB has partnered with the school district and the City to publish a third edition of the Touch of Nature an anthology of environmental literature and art. A KSB school partnership has been developed to enhance the relationship between KSB and all schools in Southlake through reuse /recycle, environmental, and Teacher Grants programs. The Adopt -A- Street program continues to operate with quarterly cleanups. Beautification efforts include the City Street Tree program where 40 residents will share the cost of native /adapted trees planted in the City's right -of- way. Other programs supported by KSB are the celebration of Arbor Day with the City's Parks and Recreation Department's Fall HarvestFest, the Great American Cleanup, Please Don't Fee the Storm Drain promotion, and work with the City and other organizations in developing the Liberty Garden and other projects identified by the organization. The only significant change to the agreement since the previous year's agreement is the inclusion of up to $1,000 reimbursable funds for landscaping of Liberty Garden. This allows for the upkeep of the planting materials in the newly developed Liberty Garden now that it is complete. The $1,000 is available due to various departmental cost saving measures. Billy Campbell, City Manager January 14, 2004 Page 2 Financial Considerations: KSB has requested funding of $4,000 for FY 2003 -2004 for services rendered to the community and $1,000 to be reimbursed KSB for material costs associated with general landscape maintenance and enhancements to the Liberty Garden in Bicentennial Park. The approved FY 2003 -2004 Community Services Division budget has allocated funding for community services agreements and this request is within the budgeted amount. Financial Impact: The $1,000 reimbursable funds for landscape maintenance to the Liberty Garden are an increase from previously budgeted allocations for this Community Services Agreement. While not a part of the original budget, we do have funds available through other cost savings undertaken. Citizen Input/ Board Review: KSB Board of Directors approved this agreement at their November 20, 2003 meeting. KSB Board President Rosemary Hutchins will be present at the work session to answer any questions. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City. It has been reviewed 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 Supporting Documents: Supporting documents include the following items: • Proposed Agreement for Community Services with Keep Southlake Beautiful Staff Recommendation: City Council approval of the proposed Community Services Agreement between Keep Southlake Beautiful and the City of Southlake in the amount of $4,000 for services rendered to the community and up to $1,000 to be reimbursed KSB for material costs associated with general landscape maintenance and enhancements to the Liberty Garden in Bicentennial Park. /Ice AGREEMENT FOR COMMUNITY SERVICES STATE OF TEXAS § E 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 Keep Southlake Beautiful ( "KSB "), 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 KSB is to provide educational and motivational programs to improve the appearance of the City of Southlake and to preserve and enhance the local natural environment; and WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas Beautiful with full membership rights and resources; and WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will provide beautification services to the citizens of Southlake; NOW, THEREFORE, City and KSB do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES KSB shall provide the following services: 1. Management of Adopt -A- Street programs on non -State highways within the City of Southlake. 2. Litter pickup along city streets, shores, and parks as allowed by available volunteer workers. 3. Education of citizenry on environmentally sound waste disposal practices, recycling, and pollution control. 4. Promotion of tree planting and city beautification through landscaping. 5. Cooperation with local agencies, businesses, and citizens to render educational and other services as is available through funding or other programs to promote beautification and environmental awareness. 6. Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas Beautiful. 7. Assist with the maintenance of the landscaping for the Liberty Garden at Bicentennial Park. SECTION 2 KSB FUNCTIONS L KSB Board of Directors shall meet periodically. The time, date, place, and agenda of these meetings shall be solely defined by KSB. 2. KSB shall operate in accordance with its own approved by -laws. 3. Administration of the Adopt -A- Street program shall be coordinated by KSB. 4. The City shall have the right to review the books and records kept incident to the services provided by KSB to the City. SECTION 3 CITY FUNCTIONS 1. A liaison will be provided by the City to assist KSB in coordinating KSB and City operations. The City liaison shall be apprised of all board meetings of KSB, and the liaison may participate at all scheduled meetings. 2. City shall provide staff assistance, advice, and technical expertise where feasible to aid KSB. The nature, extent, and duration of such assistance shall be defined solely by the City. 3. City shall provide administrative support to KSB, where feasible for such KSB projects as: Quarterly Cleanups, Adopt -A- Street, Art in the Square, Great American Cleanup, Arbor Day, Touch of Nature Anthology, Don't Feed the Storm Drains campaign, or other mutually agreed upon events /programs. The nature, extent, and duration of this support shall be solely defined by the City. 4. City shall provide a meeting space for KSB Board of Directors meetings. 5. The City shall provide at no cost to KSB the use of the Liberty Garden pavilion for events directly related to KSB including maintenance and educational programs involving KSB partner organizations. Requests for use of the Liberty Garden pavilion shall follow current reservation procedures. 6. City shall provide administration of the Street Tree Program as funded in FY 2003 -04 budget. SECTION 4 PAYMENT FOR SERVICES City agrees to pay to KSB the sum of Four Thousand ($4,000.00) Dollars in payment for services described in Section 1 hereinabove. Additionally, City agrees to reimburse KSB up to the sum of One Thousand ($1,000.00) Dollars for material costs associated with general landscape maintenance and enhancements to the Liberty Garden in Bicentennial Park. 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 KSB ceases to provide services under this Agreement, KSB shall return any unexpended funds paid pursuant to this Agreement. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, KSB 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 KSB have executed this agreement as of this day of 2004. Approved as to legal form: Attorney at Law Mayor, City of Southlake President, Keep Southlake Beautiful