Item 4G-4JCITY OF
SOUTHLAKE
MEMORANDUM
December 20, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
Items 4G -4J
Page 1
SUBJECT: Approve Community Services Agreements with Southlake
Chamber of Commerce, Southlake Community Band, APEX
Arts League and Arts Council Northeast
Action Requested: City Council approval of Community Services Agreements
with Southlake Chamber of Commerce, Southlake
Community Band, APEX Arts League and Arts Council
Northeast (formerly ARTSNET)
Background
Information: The City has chosen to work with these non - profit
Community organizations to provide important social,
educational, economic and cultural programs and services to
Southlake citizens and businesses. Having the Community
Services Agreements in place allows for these services to be
provided without the City having to fund additional personnel
and capital investments, as well as the ongoing
administrative and operational expenses that would be
required to provide these services to the community.
As per the direction of the City Council, and in preparation
for the renewal of these agreements, Council Members
Pamela Muller and Jeff Wang worked with staff and
conducted a thorough review and evaluation of the scope of
services, and assessed the value to the City for each
agreement. The agreements, as presented for the Council's
consideration, have been standardized and the scope of
services required, by both the organizations and the City,
have been clarified.
It is the recommendation of the workgroup to approve these
agreements for a period of three years, instead of annually
as has been the practice. However, the workgroup also
recommended that a few of the multi -year agreements be
set at two years for the initial term to prevent all of the
agreements from coming due for renewal (or expiration) in
the same year.
Items 4G -4J
Page 2
Shana Yelverton, City Manager
City Council Meeting Date — January 4, 2011
Page 2 of 3
A copy of each proposed Community Services Agreement,
detailing the organization's scope of services and the City's
obligations to each, is attached.
Financial
Considerations: Funding for each Community Services Agreement is
included in the approved FY 2011 annual budget, and will
also be included in subsequent budget proposals for FY
2012 and FY 2013 as required by the term for each
agreement. The total amount allocated for the proposed
agreements for FY 2011 is $52,000, which represents no
change from the previous year's budget, except for APEX
Arts League which was allocated an additional $3,000 to
fund a back to school performance. The funding for each
agreement is broken down as follows:
Southlake Chamber of Commerce $15,000
Southlake Community Band $ 7,000
APEX Arts League $ 8,000
Arts Council Northeast $22,000
Strategic Link: This item is linked to the City's Strategy Map related to the
focus areas of Performance Management and Service
Delivery and Partnerships and Volunteerism and meets the
corporate objectives to Attract and Keep Top -Tier
Businesses to Drive a Dynamic and Sustainable Economic
Environment, Collaborate with Select Partners to Implement
Service Solutions, Provide High Quality Customer Service,
Enhance Resident Quality of Life and Business
Sustainability through Tourism and Promote Opportunities
for Partnerships and Volunteer Involvement.
Citizen Input/
Board Review: Southlake Arts Council recommended unanimously to
approve the Community Services Agreements with APEX
Arts League, Arts Council Northeast and Southlake
Community Band at their December 14, 2010 meeting.
City Council consideration January 4, 2011.
Legal Review: The Agreements were modeled after the standard
Community Services Agreement utilized by the City and
reviewed by the City Attorney.
Items 4G -4J
Page 3
Shana Yelverton, City Manager
City Council Meeting Date — January 4, 2011
Page 3 of 3
Alternatives: Alternatives may include the following:
• City Council approval of proposed Community Services
Agreements as presented.
• City Council approval of the proposed Community
Services Agreements with input as desired.
• City Council decision not to renew the proposed
Community Services Agreements.
Supporting
Documents:
• Summary of Services and Corresponding Funding
• Proposed Community Services Agreements for:
• Southlake Chamber of Commerce
• Southlake Community Band
• APEX Arts League
• Arts Council Northeast
Staff
Recommendation: City Council approval of Community Services Agreements
with Southlake Chamber of Commerce, Southlake
Community Band, APEX Arts League and Arts Council
Northeast as presented.
Organizations Services /Programs Proposed 2011 City Funds
Southlake Chamber of Commerce
Southlake Community Band
APEX Arts League
Arts Council Northeast
Coordinates Leadership
Southlake and Oktoberfest;
implements business retention
visits for 30 businesses; host
business awards banquet
Performances include eight (8)
free concerts including Stars &
Stripes, Home for the Holidays
and other concerts
Programs to enhance community
awareness, participation and
appreciation of arts through
eleven (11) free professional
programs, three (3) educational
programs and three (3) events
with a community arts
component
Programs to encourage, support
and faciliitate artistic cultural
opportunities through
partnerships of art related
activities including twelve (12)
free concerts and educational
programs for children and adults
$15,000
$7,000
$8,000
$22,000
2011 AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE CHAMBER OF COMMERCE
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 the Southlake Chamber of Commerce, a non - profit
corporation of Texas, acting by and through its duly authorized President
(hereinafter referred to as "Chamber "), an organization exempt from taxation
under Section 501(c)(6) of the Internal Revenue Code.
WHEREAS, the mission of Chamber is to serve the needs of business;
and
WHEREAS, City and Chamber desire to enter into a Renewal Agreement
whereby the Chamber and the City provide products and services identified
herein to help fulfill the respective missions of each organization;
NOW, THEREFORE, City and Chamber, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. Chamber shall provide the services as outlined in the attached Appendix,
Section A.
B. City shall provide the services as outlined in the attached Appendix,
Section A.
SECTION 2
CITY AND CHAMBER STAFF CONTACTS
Chamber and the City shall both provide staff liaisons as outlined in the attached
Appendix, Section A.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 2 of 10 DRAFT 2010 -12 -20
SECTION 3
GOVERNANCE
Chamber shall be solely governed by its Board of Directors, who shall meet in
accordance with the bylaws and articles of incorporation. The time, date, place
and agenda of these Board meetings shall be the responsibility of the Chamber
Board of Directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the Chamber's initiatives across the
City rather than provide such service, City agrees to an annual payment to be
paid to Chamber in the amount of $15,000 to be dispersed annually on
November 1 of each year. Final payment amount is subject to City Council
budget authorization.
Payment by the City shall be applied by Chamber as described in the attached
Appendix, Section A.
SECTION 5
REPORTING
Chamber shall generate and provide to the Director of Economic Development of
the City, quarterly reports regarding the performance measures outlined in the
attached Appendix, Section B.
SECTION 6
INSURANCE AND INDEMNIFICATION
CHAMBER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER
CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY
OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF CHAMBER, ITS
OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT. CHAMBER SHALL NOT BE
REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND
EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A COURT TO
HAVE ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY,
ITS OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT OF
ANY APPLICABLE INSURANCE COVERAGES.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 3 of 10 DRAFT 2010 -12 -20
SECTION 7
INDEPENDENT CONTRACTOR
In performing the services hereunder, Chamber is acting as an independent
contractor, and shall not be deemed an employee, agent or partner of the City.
City shall have no power to direct or supervise its activities in carrying out its
responsibilities under this Agreement. Neither party shall have the authority to
make binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
A. The term of this Agreement shall be for a period beginning October 1,
2010 and ending September 30, 2011. This Agreement may be renewed
for up to three successive one -year periods beginning on October 1 and
ending on September 30 of each year upon written agreement by both
parties and annual budget approval by the Southlake City Council.
B. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in
the attached Appendix, Section B.
C. Notwithstanding any provision herein to the contrary, either party may
terminate this Agreement upon 30 days written notice to the other. Upon
termination, the Chamber shall return to the City any unexpended funds
paid pursuant to this Agreement.
SECTION 9
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. To the extent there may be a waiver of
immunity under state law, the remedies available to enforce this Agreement are
limited to mandamus, specific performance or injunctive relief. All other
remedies, including suits for damages and recovery of attorney's fees are
specifically waived by both parties.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 4 of 10 DRAFT 2010 -12 -20
SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's ability to define and execute its strategy. Effective strategic
management systems provide the mechanism to link the mission, strategy,
department goals, citizen perceptions, and service delivery efforts in a
continuous feedback loop. Chamber, its mission and the services outlined in the
attached Appendix, Section A link to the City's strategy through the following
strategic objectives:
B -3: Enhance resident quality of life and business sustainability through
tourism
C -4: Attract and keep top -tier businesses to drive a dynamic and
sustainable economic environment
C -5: Promote opportunities for partnerships and volunteer involvement
L3: Attract, develop and retain a skilled workforce
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the
mission and vision. All business conducted with the City shall adhere to the City's
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all
times.
• Innovation: Valuing progressive thinking, creativity, flexibility and
adaptability in service delivery.
• Accountability: Taking personal responsibility for our actions or
inaction while putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of
service to the public. Our work is characterized by its quality and by the
diligence with which it is carried out. We proactively seek to solve
problems in advance.
• Teamwork: Recognizing the importance of working together to meet
our citizen's needs, communicating clearly, sharing resources and
information freely.
The values set forth in Section 11 are goals to which City officials, staff and
employees are expected to adhere to in activities concerning this Agreement.
While perceived failure to adhere to, comply with, or take action consistent with
these values should be reported to an appropriate City official, staff member, or
employee, such action or failure to act shall not be considered a breach of this
Agreement.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 5 of 10 DRAFT 2010 -12 -20
SECTION 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the part to
be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and Chamber have executed this Agreement
as of this day of ' 2011.
Mayor, City of Southlake
President, Southlake Chamber of
Commerce
Approved as to form and legality:
Attorney at Law
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 6 of 10 DRAFT 2010 -12 -20
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, Chamber
shall provide the following services:
1. Chamber staff contact person to serve as a liaison between the
Chamber and the City:
a. Name: Dana Davis
b. Title: President and CEO
c. Phone: (817) 481 -8200
d. Email Address: dana(o)southlakechamber.com
2. Provide two Ex- Officio Board seats to the City of Southlake to be
held by the City Manager and Director of Economic Development.
These members shall be forwarded an agenda for all upcoming
Chamber Board meetings and may participate with the Chamber
Board at all scheduled meetings.
3. Coordinate Leadership Southlake in cooperation with the City. The
annual program should be designed to educate participants as to
various aspects of the City and the region through educational
programs and interactive sessions.
4. Coordinate and implement event(s) that provide enrichment for
residents and brings visitors to the City and Southlake Town
Square from the DFW Metroplex and throughout the State. (e.g.
Oktoberfest)
5. Coordinate and implement a Business Retention & Expansion
(BRE) program engaging 30 City businesses as agreed upon
between City and Chamber. A minimum of 15 businesses will be
visited within 6 month of the signing of this Agreement.
6. Attend events, such as trade shows, at the invitation of City's
Director of Economic Development in order to help promote the
C ity.
7. Include relevant City information in any Membership or Community
Directories produced.
8. Organize and host an annual awards banquet including at a
minimum awards for Citizen of the Year, Small Business of the
Year, and Corporate Business of the Year.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 7 of 10 DRAFT 2010 -12 -20
9. Accommodate City information and links on the Chamber's website
(e.g. www.CitvofSouthlake.com www.MySouthlakeNews.com
www.SouthlakeSites.com and www.VisitSouthlakeTexas.com
10. Assist the City in disseminating information of importance to
businesses in the City.
11. At the sole discretion of the Chamber, provide to the City editorial
space in the Chamber's electronic newsletter.
12. Provide relocation packets and other resources to realtors,
prospective residents and businesses.
B. In addition to payment described in Section 4 of this agreement, City shall:
1. Provide a staff contact person to serve as a liaison between City
and Chamber.
a. Name: Greg Last
b. Title: Director of Economic Development
C. Phone: (817) 748 -8037
d. Email Address: glastCa
2. One or both of the Ex- Officio members noted above shall regularly
attend the Chamber Board meetings.
3. Accommodate Chamber information and links on the City's
website(s) (e.g. www.SouthlakeChamber.com
4. Through the utilization of various City venues and programs, assist
in the marketing of the Chamber's programs and events where the
City is a sponsor.
5. At the sole discretion of the City, accommodate the distribution of
news releases from the Chamber for the greater good of the City.
6. Provide assistance in coordinating meeting space and providing
City representatives as speakers for Leadership Southlake.
7. Provide a current street map in a digital format capable of being
used to develop the Chamber's Southlake Street Map.
8. Publish in the quarterly editions of the Southlake Scene
organization information to include organization name, mission,
contact information and link to organization website.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 8 of 10 DRAFT 2010 -12 -20
9. Accommodate at no cost the Chamber's use of City facilities for
events and meetings directly related to Chamber business. Use of
City facilities shall comply with the City's Facility Use Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
A. In evaluating Chamber performance pursuant to Section 8 of this
agreement, the City will determine whether Chamber has met the
following performance measures:
1. Chamber staff contact person to serve as a liaison between the
Chamber and the City:
Measure: Chamber liaison identified.
2. Provide two Ex- Officio Board seats to the City of Southlake to be
held by the City Manager and Director of Economic Development.
These members shall be forwarded an agenda for all upcoming
Chamber Board meetings and may participate with the Chamber
Board at all scheduled meetings.
Measure Ex- Officio Board seats provided, agendas forwarded,
participation allowed.
3. Coordinate Leadership Southlake in cooperation with the City. The
annual program should be designed to educate participants as to
various aspects of the City and the region through educational
programs and interactive sessions.
Measure Leadership Southlake program established. Quarterly
reports should include agenda of held meetings.
4. Coordinate and implement event(s) that provide enrichment for
residents and brings visitors to the City and Southlake Town
Square from the DFW Metroplex and throughout the State. (e.g.
Oktoberfest)
Measure Oktoberfest or similar community event(s) held.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 9 of 10 DRAFT 2010 -12 -20
5. Coordinate and implement a Business Retention & Expansion
(BRE) program engaging 30 City businesses as agreed upon
between City and Chamber. A minimum of 15 businesses will be
visited within 6 month of the signing of this Agreement.
Measure BRE program implemented. Quarterly reports should
identify name of businesses visited. Basic business data should be
submitted to the EDT Department in a format they can easily utilize.
A minimum of 15 businesses visited within 6 months of the signing
of this Agreement.
6. Attend events, such as trade shows, at the invitation of City's
Director of Economic Development in order to help promote the
C ity.
Measure Attendance at events at the invitation of the Director.
7. Include relevant City information in any Membership or Community
Directories produced.
Measure City information included. Provide excerpts reflecting
this inclusion.
8. Organize and host an annual awards banquet including at a
minimum awards for Citizen of the Year, Small Business of the
Year, and Corporate Business of the Year.
Measure Awards banquet held. Provide summary of awards
given.
9. Accommodate City information and links on the Chamber's website
(e.g. www.CitvofSouthlake.com www.MySouthlakeNews.com
www.SouthlakeSites.com and www.VisitSouthlakeTexas.com
Measure Links provided on the Chamber website. Provide
reference to location of links on website.
10. Assist the City in disseminating information of importance to
businesses in the City.
Measure Information disseminated at the request of the City.
11. At the sole discretion of the Chamber, provide to the City editorial
space in the Chamber's electronic newsletter.
Measure Editorial space provided to the City when requested.
2011 Community Services Agreement with the Southlake Chamber of Commerce
Approved by City Council (date)
Page 10 of 10 DRAFT 2010 -12 -20
12. Provide relocation packets and other resources to realtors,
prospective residents and businesses.
Measure Provide quarterly reports reflecting the number of
relocation packets and other resources distributed to realtors,
prospective residents, and /or businesses.
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE COMMUNITY BAND
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 Southlake Community Band, a non - profit corporation of
Texas, acting by and through its duly authorized President (hereinafter referred
to as the "Band "), an organization exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code.
WHEREAS, the mission of the Band is to provide support for 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, City and the Band desire to enter into a Renewal Agreement
whereby the Band will continue to provide citizens access to participate in the
arts, free concert events, and concert scheduling;
NOW, THEREFORE, City and the Band, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. Band shall provide the services as outlined in the attached Appendix,
Section A.
B. City shall provide services and funding as outlined in the attached
Appendix, Section A.
SECTION 2
CITY AND BAND STAFF CONTACTS
A. The Band and the City shall both provide staff liaison's as outlined in the
attached Appendix, Section A.
4C -1
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 2 of 7
SECTION 3
GOVERNANCE
A. The Band shall be solely governed by its board of directors, who shall
meet in accordance with the bylaws and articles of incorporation. The
time, date, place and agenda of these board meetings shall be the
responsibility of the Band board of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the Band and their support for the
local arts rather than provide such service, City agrees to an annual payment to
be paid to the Band in the amount of $7,000 to be dispersed annually on
November 1 of each year. Final payment amount is subject to City Council
budget authorization.
Payment by the City shall be applied by the Band as described in the attached
Appendix, Section A.
SECTION 5
REPORTING
A. The Band shall generate and provide to Kerry McGeath, Deputy Director
of Community Services of the City, quarterly reports regarding the
performance measures outlined in the attached Appendix, Section B.
B. The City shall have the right to review the books and records kept incident
to the services provided by Band to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
A. BAND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND
CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING,
WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF
ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF SOUTHLAKE
COMMUNITY BAND, ITS OFFICERS, EMPLOYEES AND AGENTS, IN
THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.
SOUTHLAKE COMMUNITY BAND SHALL NOT BE REQUIRED TO
INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 3 of 7
FOR ANY DAMAGES OR LIABILITY FOUND BY A COURT TO HAVE
ARISEN FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY,
ITS OFFICERS, AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT
OF ANY APPLICABLE INSURANCE COVERAGES.
SECTION 7
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.
City shall have no power to direct or supervise its activities in carrying out its
responsibilities under this Agreement. Neither party shall have the authority to
make binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
1. The term of this agreement shall be for a period beginning January 1,
2011 and ending September 30 2013. This agreement may be renewed
for up to three successive three -year periods beginning on October 1 and
ending on September 30 of each year upon written agreement by both
parties and annual budget approval by the Southlake City Council.
2. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in
the attached Appendix, Section B.
3. Notwithstanding any provision herein to the contrary, either party may
terminate this Agreement upon 30 days written notice to the other. Upon
termination, or if the Band ceases to provide transportation services, the
Band shall return to the City any unexpended funds paid pursuant to this
Agreement.
SECTION 9
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. To the extent there may be a waiver of
immunity under state law, the remedies available to enforce this agreement are
limited to mandamus, specific performance or injunctive relief. All other
remedies, including suits for damages and recovery of attorney's fees are
specifically waived by both parties.
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 4 of 7
SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's ability to define and execute its strategy. Effective strategic
management systems provide the mechanism to link the mission, strategy,
department goals, citizen perceptions, and service delivery efforts in a
continuous feedback loop. The Band, its mission and the services outlined link to
the City's strategy through the following strategic objectives:
• Promote opportunities for partnerships and volunteer
involvement
• Collaborate with select partners to implement service
solutions
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the
mission and vision. All business conducted with the City shall adhere to the City's
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all
times.
• Innovation: Valuing progressive thinking, creativity, flexibility and
adaptability in service delivery.
• Accountability: Taking personal responsibility for our actions or
inaction while putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of
service to the public. Our work is characterized by its quality and by the
diligence with which it is carried out. We proactively seek to solve
problems in advance.
• Teamwork: Recognizing the importance of working together to meet
our citizen's needs, communicating clearly, sharing resources and
information freely.
The values set forth in Section 11 are goals to which City officials, staff and
employees are expected to adhere to in activities concerning this Agreement.
While perceived failure to adhere to, comply with, or take action consistent with
these values should be reported to an appropriate City official, staff member, or
employee, such action or failure to act shall not be considered a breach of this
Agreement.
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 5 of 7
SECTON 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the part to
be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and the Band executed this Agreement
as of this day of , 201_
Mayor, City of Southlake
President, Southlake Community
Band
Approved as to form and legality:
Attorney at Law
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 6 of 7
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE COMMUNITY BAND
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this agreement, the Band
shall provide the following services:
1. The Band staff contact person to serve as a liaison between the Band
and the City:
a. Name: Ken McMillan
b. Title:
c. Phone:
d. Email Address: kenmcmillan(a�verizon.net
2. Perform at least 8 concert events free to the public annually. Proposed
events include but are not limited to: Fall Concert, Home for the
Holidays, Winter Holiday Concert, Guest Artist Concert, Annual Young
Peoples Concert, Stars and Stripes City of Southlake July 4th
Celebration, Other concerts at Town Square, and Art in the Square. A
list of proposed concerts will be provided to staff at the beginning of the
CS agreement period.
3. Scheduling of concerts and make up concerts, if necessary, will be by
agreement of the City Community Services Director and the Band
President.
4. Provide a creative arts program for music appreciation which is open to
the public.
5. Present an update to the Southlake Arts Council quarterly or as is
necessary.
B. In addition to payment described in Section 4 of this agreement, City shall:
1. Provide a staff contact person to serve as a liaison between City and
the Band. The City liaison shall be apprised by the Band of all the
Band board meetings, the Band shall forward a copy of the agenda for
each meeting prior to any scheduled meetings, and the City liaison
may participate with the Band board at all scheduled meetings.
a. Name: Kerry McGeath
Community Services Agreement with Southlake Community Band
Approved by City Council (date)
Page 7 of 7
b. Title: Deputy Director Community Services (Arts Council Liaison)
c. Phone: (817) 748 -8246
d. Email Address: kmcgeath(d�ci.southlake.tx.us
2. Provide a presence on the www.cityofsouthlake.com which is limited
to:
a. One information page which includes organization name, mission,
contact information and link to organization website; and
b. - -- insert event info language - - -;
3. Consider posting information contained in press releases on
www.MySouthlakeNews.com and /or www.CityofSouthlake.com Any
and all information in such press releases will be subject to review and
possible revision prior to posting.
4. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
5. Provide access to the City's logo for use by the Band. Such use is
subject to review and approval by the City's Community Relations
Officer.
6. Provide at no cost to the Band in accordance with current policies and
guidelines, the use of City facilities for events and meetings directly
related to the Band business. Requests for use of City facilities shall
follow current reservation procedures as outlined in the Facility Use
Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
A. In evaluating the Band's performance pursuant to Section 8 of this
agreement, the City will determine whether the Band has met the following
performance measures:
1. The Band will track attendance at concerts they provide throughout the
year and provide that information to city staff at the end of each
calendar quarter.
2. The Band will provide an assement of value that their program created
in the community for the period of the contract at the end of each
calendar year.
3. The Band will track attendance and participation in the creative arts
programming it provides the community and will provide that
information to city staff at the end of the calendar quarter.
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
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 "), Apex Arts League, a non - profit corporation of Texas, acting
by and through its duly authorized Chairman (hereinafter referred to as "AAL "),
an organization exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code.
WHEREAS, the mission of AAL is to enhance appreciation and
participation in music and dance, as well as literary, visual and theatrical arts in
our region and to forward efforts of creating a regional arts center, a home for
community arts, a stage for professional performances and an educational and
civic center for all; and
WHEREAS, City and AAL desire to enter into a Renewal Agreement
whereby AAL will continue to provide for the creation a regional focal point,
enhance community awareness and appreciation, and promote education
instruction for all ages for the arts, a meeting facility for civic and community
groups, create a home for area arts groups, and provide a venue for all
performing and visual arts in the region.
NOW, THEREFORE, City and AAL, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. AAL shall provide the services as outlined in the attached Appendix,
Section A.
B. City shall provide services as outlined in the attached Appendix, Section
A.
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 2 of 7
SECTION 2
CITY AND AAL STAFF CONTACTS
A. AAL and the City shall both provide staff liaison's as outlined in the
attached Appendix, Section A.
SECTION 3
GOVERNANCE
A. AAL shall be solely governed by its board of directors, who shall meet in
accordance with the bylaws and articles of incorporation. The time, date,
place and agenda of these board meetings shall be the responsibility of
the AAL board of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the AAL and their promotion of the
arts rather than provide such service, City agrees to an annual payment to be
paid to AAL in the amount of $5,000 to be dispersed annually on November 1 of
each year. A payment of $3,000 will also be made to pay for a back to school
performance. Total paid to APEX is $8,000. Final payment amount is subject to
City Council budget authorization.
Payment by the City shall be applied by AAL as described in the attached
Appendix, Section A.
SECTION 5
REPORTING
A. AAL shall generate and provide to Kerry McGeath of the City, quarterly
reports regarding the performance measures outlined in the attached
Appendix, Section B.
B. The City shall have the right to review the books and records kept incident
to the services provided by AAL to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
A. AAL AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, (INCLUDING,
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 3 of 7
WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF
ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS),
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF APEX, ITS
OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT. APEX SHALL NOT BE
REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND
EMPLOYEES FOR ANY DAMAGES OR LIABILITY FOUND BY A
COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT OR
OMISSION OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES,
EXCEPT TO THE EXTENT OF ANY APPLICABLE INSURANCE
COVERAGES.
SECTION 7
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.
City shall have no power to direct or supervise its activities in carrying out its
responsibilities under this Agreement. Neither party shall have the authority to
make binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
1. The term of this agreement shall be for a period beginning January 1,
2011 and ending September 30, 2012. This agreement may be renewed
for up to three successive three -year periods beginning on October 1 and
ending on September 30 of each year upon written agreement by both
parties and annual budget approval by the Southlake City Council.
2. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in
the attached Appendix, Section B.
3. Notwithstanding any provision herein to the contrary, either party may
terminate this Agreement upon 30 days written notice to the other. Upon
termination, or if AAL ceases to provide transportation services, AAL shall
return to the City any unexpended funds paid pursuant to this Agreement.
SECTION 9
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. To the extent there may be a waiver of
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 4 of 7
immunity under state law, the remedies available to enforce this agreement are
limited to mandamus, specific performance or injunctive relief. All other
remedies, including suits for damages and recovery of attorney's fees are
specifically waived by both parties.
SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's ability to define and execute its strategy. Effective strategic
management systems provide the mechanism to link the mission, strategy,
department goals, citizen perceptions, and service delivery efforts in a
continuous feedback loop. AAL, its mission and the services outlined in the
attached Appendix, link to the City's strategy through the following strategic
objectives:
• Promote opportunities for partnerships and volunteer
involvement
• Collaborate with select partners to implement service
solutions
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the
mission and vision. All business conducted with the City shall adhere to the City's
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all
times.
• Innovation: Valuing progressive thinking, creativity, flexibility and
adaptability in service delivery.
• Accountability: Taking personal responsibility for our actions or
inaction while putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of
service to the public. Our work is characterized by its quality and by the
diligence with which it is carried out. We proactively seek to solve
problems in advance.
• Teamwork: Recognizing the importance of working together to meet
our citizen's needs, communicating clearly, sharing resources and
information freely.
The values set forth in Section 11 are goals to which City officials, staff and
employees are expected to adhere to in activities concerning this Agreement.
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 5 of 7
While perceived failure to adhere to, comply with, or take action consistent with
these values should be reported to an appropriate City official, staff member, or
employee, such action or failure to act shall not be considered a breach of this
Agreement.
SECTON 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the part to
be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and AAL have executed this Agreement as of
this day of , 201_
Mayor, City of Southlake
Chairman, Apex Arts League
Approved as to form and legality:
Attorney at Law
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 6 of 7
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
APEX ARTS LEAGUE
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, APEX
shall provide the following services:
1. APEX staff contact person to serve as a liaison between the APEX
and the City:
a. Name: Terri Messing
b. Title: President
c. Phone: 817 251 4300
d. Email Address: terrimessinq(a�verizon.net
2. Enhance the arts in the community and will work toward establishing a
home for the arts.
3. Schedule 11 high quality professional programs or events featuring
local talent free to the public between January 1, 2011 and September
30,2011
4. Provide and promote at least three (3) educational programs in the arts
for all ages.
5. Provide and promote at least three (3) programs or events with a
community arts component including but not limited to the display of
public art.
B. In addition to payment described in Section 4 of this agreement, City shall:
1. Provide a staff contact person to serve as a liaison between City and
APEX. The City liaison shall be apprised by APEX of all APEX board
meetings. APEX shall forward a copy of the agenda for each meeting
prior to any scheduled meetings, and the City liaison may participate
with the APEX board at all scheduled meetings.
a. Name: Kerry McGeath
b. Title: Deputy Director of Community Services
c. Phone: 817 748 8384
d. Email Address: kmcgeath(a�ci.southlake.tx.us
Community Services Agreement with Apex Arts League
Approved by City Council (date)
Page 7 of 7
2. Provide a presence on the www.cityofsouthlake.com which is limited
to:
a. One information page which includes organization name, mission,
contact information and link to organization website; and
b. - -- insert event info language - - -; and
3. Consider posting information contained in press releases on
www.MySouthlakeNews.com and /or www.CityofSouthlake.com Any
and all information in such press releases will be subject to review and
possible revision prior to posting.
4. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
5. Provide access to the City's logo for use by APEX. Such use is subject
to review and approval by the City's Community Relations Officer.
6. Provide at no cost to APEX in accordance with current policies and
guidelines, the use of City facilities for events and meetings directly
related to APEX business. Requests for use of City facilities shall
follow current reservation procedures as outlined in the Facility Use
Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
A. In evaluating APEX performance pursuant to Section 8 of this agreement,
the City will determine whether APEX has met the following performance
measures:
1. The APEX organization will track attendance at programs /events they
provide throughout the year and provide that information to city staff at
the end of each calendar quarter.
2. APEX will provide an assement of value that their program created in
the community for the period of the contract at the end of each
calendar year.
3. APEX will track attendance and participation in the creative arts
educational programming it provides the community and will provide
that information to city staff at the end of the calendar quarter.
4. APEX will track attendance and participation in the programs /events it
provides the community with a community arts program and will
provide that information to city staff at the end of the calendar quarter.
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
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 the Arts Council Northeast, a non - profit corporation of
Texas, acting by and through its duly authorized Executive Director (hereinafter
referred to as "ARTS COUNCIL NORTHEAST "), an organization exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code.
WHEREAS, the mission of ARTS COUNCIL NORTHEAST is to
encourage, support and facilitate artistic cultural opportunities within the
communities of North Tarrant County; and
WHEREAS, City and ARTS COUNCIL NORTHEAST desire to enter into a
Renewal Agreement whereby ARTS COUNCIL NORTHEAST will continue to
provide assistance for art related projects and programs, youth summer art
programs, art classes, citizen access to the arts, community cultural events, and
educational programs while also offering free concerts and concert scheduling;
NOW, THEREFORE, City and ARTS COUNCIL NORTHEAST, in
consideration of the mutual undertakings hereunder set forth, do hereby
covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. ARTS COUNCIL NORTHEAST shall provide the services as outlined in
the attached Appendix, Section A.
B. City shall provide services as outlined in the attached Appendix, Section
A.
4C -1
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 2 of 7
SECTION 2
CITY AND ARTS COUNCIL NORTHEAST STAFF CONTACTS
A. ARTS COUNCIL NORTHEAST and the City shall both provide staff
liaison's as outlined in the attached Appendix, Section A.
SECTION 3
GOVERNANCE
A. ARTS COUNCIL NORTHEAST shall be solely governed by its board of
directors, who shall meet in accordance with the bylaws and articles of
incorporation. The time, date, place and agenda of these board meetings
shall be the responsibility of the _ARTS COUNCIL NORTHEAST board of
directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the ARTS COUNCIL NORTHEAST
and their art initiatives rather than provide such service, City agrees to an annual
payment to be paid to ARTS COUNCIL NORTHEAST in the amount of $22,000
to be dispersed annually on November 1 of each year. Final payment amount is
subject to City Council budget authorization.
Payment by the City shall be applied by ARTS COUNCIL NORTHEAST as
described in the attached Appendix, Section A.
SECTION 5
REPORTING
A. ARTS COUNCIL NORTHEAST shall generate and provide to Kerry
McGeath of the City, quarterly reports regarding the performance
measures outlined in the attached Appendix, Section B.
B. The City shall have the right to review the books and records kept incident
to the services provided by ARTS COUNCIL NORTHEAST to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
A. ARTS COUNCIL NORTHEAST AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND /OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 3 of 7
REAL OR ASSERTED, (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT
WITNESSES AND OTHER CONSULTANTS), ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT
ACT OR OMISSION OF ARTS COUNCIL NORTHEAST, ITS OFFICERS,
EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT. ARTS COUNCIL NORTHEAST SHALL
NOT BE REQUIRED TO INDEMNIFY THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES FOR ANY DAMAGES OR LIABILITY
FOUND BY A COURT TO HAVE ARISEN FROM THE NEGLIGENT ACT
OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS OR
EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE
INSURANCE COVERAGES.
SECTION 7
INDEPENDENT CONTRACTOR
In performing the services hereunder, ARTS COUNCIL NORTHEAST is acting
as an independent contractor, and shall not be deemed an employee, agent or
partner of the City. City shall have no power to direct or supervise its activities in
carrying out its responsibilities under this Agreement. Neither party shall have the
authority to make binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
1. The term of this agreement shall be for a period beginning January 1,
2011 and ending September 30, 2012. This agreement may be renewed
for up to three successive three -year periods beginning on October 1 and
ending on September 30 of each year upon written agreement by both
parties and annual budget approval by the Southlake City Council.
2. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in
the attached Appendix, Section B.
3. Notwithstanding any provision herein to the contrary, either party may
terminate this Agreement upon 30 days written notice to the other. Upon
termination, or if ARTS COUNCIL NORTHEAST ceases to provide
transportation services, ARTS COUNCIL NORTHEAST shall return to the
City any unexpended funds paid pursuant to this Agreement.
SECTION 9
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
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 4 of 7
governmental or sovereign immunity of the City, or any immunity applicable to its
officers, agents, servants or employees. To the extent there may be a waiver of
immunity under state law, the remedies available to enforce this agreement are
limited to mandamus, specific performance or injunctive relief. All other
remedies, including suits for damages and recovery of attorney's fees are
specifically waived by both parties.
SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's ability to define and execute its strategy. Effective strategic
management systems provide the mechanism to link the mission, strategy,
department goals, citizen perceptions, and service delivery efforts in a
continuous feedback loop. Arts Council Northeast, its mission and the services
outlined in the attached Appendix, link to the City's strategy through the following
strategic objectives:
• Promote opportunities for partnerships and volunteer
involvement
• Collaborate with select partners to implement service
solutions
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the
mission and vision. All business conducted with the City shall adhere to the City's
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all
times.
• Innovation: Valuing progressive thinking, creativity, flexibility and
adaptability in service delivery.
• Accountability: Taking personal responsibility for our actions or
inaction while putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of
service to the public. Our work is characterized by its quality and by the
diligence with which it is carried out. We proactively seek to solve
problems in advance.
• Teamwork: Recognizing the importance of working together to meet
our citizen's needs, communicating clearly, sharing resources and
information freely.
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 5 of 7
The values set forth in Section 11 are goals to which City officials, staff and
employees are expected to adhere to in activities concerning this Agreement.
While perceived failure to adhere to, comply with, or take action consistent with
these values should be reported to an appropriate City official, staff member, or
employee, such action or failure to act shall not be considered a breach of this
Agreement.
SECTON 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the part to
be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and ARTS COUNCIL NORTHEAST have
executed this Agreement as of this day of
201
Mayor, City of Southlake
Executive Director, Arts Council
Northeast
Approved as to form and legality:
Attorney at Law
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 6 of 7
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
ARTS COUNCIL NORTHEAST
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, ARTS
COUNCIL NORTHEAST shall provide the following services:
ARTS COUNCIL NORTHEAST staff contact person to serve as a
liaison between the ARTS COUNCIL NORTHEAST and the City:
a. Name: Cathy Hernandez
b. Title: President
=U09 TaE :IirfA:Tc�rc�fil:�
d. Email Address: chernandez c( artscouncilnortheast.org
2. Perform twelve (12) concert events free to the public between January
1, 2011 and September 30, 2011. Proposed events include, but are not
limited to the Annual MasterWorks Southlake Music Series in Town
Square. Community Services staff will work with Arts Council
Northeast to develop who will perform and the Southlake Arts Council
will review the proposed line up each year.
3. Scheduling of concerts and make up concerts, if necessary, will be by
agreement of the City Community Services Director and Arts Council
Northeast.
4. 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 at no charge
B. In addition to payment described in Section 4 of this agreement, City shall:
Provide a staff contact person to serve as a liaison between City and
ARTS COUNCIL NORTHEAST The City liaison shall be apprised by
ARTS COUNCIL NORTHEAST of all ARTS COUNCIL NORTHEAST
board meetings, ARTS COUNCIL NORTHEAST shall forward a copy
of the agenda for each meeting prior to any scheduled meetings, and
the City liaison may participate with the ARTS COUNCIL NORTHEAST
board at all scheduled meetings.
a. Name: Kerry McGeath
b. Title: Deputy Director Community Services
Community Services Agreement with Arts Council Northeast
Approved by City Council (date)
Page 7 of 7
c. Phone: 817 748 8384
d. Email Address: kmcaeath(cDci.southlake.tx.us
2. Provide a presence on the www.cityofsouthlake.com which is limited
to:
a. One information page which includes organization name, mission,
contact information and link to organization website; and
b. - -- insert event info language - - -;
3. Consider posting information contained in press releases on
www.MySouthlakeNews.com and /or www.CityofSouthlake.com Any
and all information in such press releases will be subject to review and
possible revision prior to posting.
4. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
5. Provide access to the City's logo for use ARTS COUNCIL
NORTHEAST. Such use is subject to review and approval by the
City's Community Relations Officer.
6. Provide at no cost to ARTS COUNCIL NORTHEAST in accordance
with current policies and guidelines, the use of City facilities for events
and meetings directly related to ARTS COUNCIL NORTHEAST
business. Requests for use of City facilities shall follow current
reservation procedures as outlined in the Facility Use Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
A. In evaluating ARTS COUNCIL NORTHEAST performance pursuant to
Section 8 of this agreement, the City will determine whether ARTS
COUNCIL NORTHEAST has met the following performance measures:
1. The Arts Council Northeast organization will track attendance at
concerts they provide throughout the year and provide that information
to city staff at the end of each calendar quarter.
2. Arts Council Northeast will provide an assement of value that their
program created in the community for the period of the contract at the
end of each calendar year.
3. Arts Council Northeast will track attendance and participation in the
arts programming it provides the community and will provide that
information to city staff at the end of the calendar quarter.