Loading...
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.