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Item 10PCity of Southlake, Texas MEMORANDUM November 16, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services SUBJECT: Approval to enter into a Community Services Agreement with the Bob Jones Nature Center contingent upon their receipt of 5016 non - profit status Action Requested: City Council approval to enter into a Community Services Agreement with the Bob Jones Nature Center contingent upon their receipt of 5016 non - profit status. Background Information: Bob Jones Nature Center (Nature Center) is a community -based organization that was formed during the last year to provide educational and recreational programs relating to nature. The Nature Center currently has a Board of Directors, bylaws, and is in the process of receiving their non - profit status. The proposed Community Services Agreement is for a term of one year, beginning January 1, 2005. Under the terms of the proposed Agreement the Nature Center, to the extent resources allow, is to provide: - 4 V olunteer s and intermittent staffing of a Nature - - Formatted: Justified, Indent: Left: 2 ", First Center I line: 0 ", Line spacing: single - E ducational materials - G uided trail programs and related nature activities. - Collaborat with City, local school districts, local agencies, -- - - Formatted: Justified, Indent: Left: 2 ", Line businesses, community based organizations and citizens to spacing: single promote awareness of Nature Center programs and activities_ - Assist with further development of Nature Center resources ( trails, markers, and other physical enhancements - Assist with maintaining trails and preserving the Nature Center and surrounding environment Billy Campbell, City Manager November 16, 2004 Page 2 Support for other park activities compatible with adjoining -- - - Formatted: Indent: Left: 2 ", Line spacing: natural habitats. single Under the terms of the proposed Agreement the City, to the extent -- - - Formatted: Left Indent: Left: 2 ", First line: resources allow, is to provide: 0 ", Line spacing: single, Keep with next, Keep - A liaison to assist Nature Center in lines together co ordinat ingi activities - "+ ^n se-hod meetings. Staff assistance, advice, and -- - - Formatted: Left, Indent: Left: 2 ", Hanging: technical expertise. 0.19 ", Line spacing: single, Keep with next, i ,_ a_ ; i t,. :,a vcD Keep lines together _ � Admimstrative sup ucrz "'t,°"'° ICS1 to in creas e awareness PP Formatted: Left, Indent: Left: Keep Line spacing: single, Keep with next, Keep lines of opportunities at the Nature Center together - Meeting space for regular meetings of the Nature Center Board of Directors and one annual membership meeting -5-.- Waive standard rental fees for facility use for activities -, - - Formatted: Indent: Left: 2 ", Hanging: 0.5", conducted by the Nature Center. Line spacing: single, No bullets or numbering Formatted: Bullets and Numbering The proposed Agreement also reserves the City's right to review and approve all programs and activities that involve the use of City staff, resources, or property. Financial Considerations: No funding is requested as part of the proposed Community Services Agreement. Financial Impact: Anticipated to include limited impact on current staff duties and time. Citizen Input/ Board Review: The Parks Board recommended approval (8 -0) at their November 8, 2004 meeting. The Nature Center Board of Directors approved the proposed agreement at their November meeting. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has been reviewed by the City Attorney. Alternatives: Alternatives may include the following: • Approval of the proposed Agreement as presented • Approval of the proposed Agreement with input as desired • Non - approval of the proposed Agreement Supporting Documents: Supporting documents include the following items: Billy Campbell, City Manager November 16, 2004 Page 3 • Proposed Agreement for Community Services with Bob Jones Nature Center Staff Recommendation: City Council approval to enter into a Community Services Agreement with the Bob Jones Nature Center contingent upon their receipt of 5016 non - profit status. Billy Campbell, City Manager November 16, 2004 Page 4 AGREEMENT FOR COMMUNITY SERVICES - Formatted: Font: 16 pt STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a home-- - - Formatted: Line spacing: single rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized City Manager (hereinafter referred to as "City "), and Bob Jones Nature Center (` °R Nature Center " ), a nonprofit organization operating in the City of Southlake (within Bob Jones Park) as an organization described in section 501 -(c)3 of the Internal Revenue Code, acting by and through its duly authorized President. WHEREAS, the purpose of Nature CenterKeep S atA l i j a - P (he-4z@ , - +o, -o a t„ "K° a is to provide educational opportunities about the natural environment for residents of and visitors to the City and to preserve and protect such natural environment within and surrounding the Nature Center and WHEREAS, establishment of Nature Center at Bob Jones Park, has been recommended by the Southlake Park Board and approved by resolution of the City Council;isa and WHEREAS, City and Nature Center have determined that sections of City roperty within - - Formatted: Font: Bold - Bob Jones Park, including portions of adjacent Army Corps of Engineer Property, are to be designated as Nature Center; and WHEREAS, City and Nature Center desire to enter into an Agreement whereby Nature Center will provide hepwti Amnon services for environmental education and preservation, and for related use and enjoyment within the designated area to the residents ^itize "s of and visitors to Southlake; NOW, THEREFORE, City and Nature Center do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES Nature Center shall, in good faith and to the extent feasible within its resources, provide the following services: Billy Campbell, City Manager November 16, 2004 Page 5 1._4- Assist with establishment of and provide, to the extent Nature Center resources allow, volunteer, intermittent staffing of a Nature Center services facility, to include an office for administration of Nature Center business and any additional space as might be provided by City for Nature Center educational and other activities for citizens. 2. Develop educational materials and conduct guided trail programs and related nature activities for residents and other interested persons. 3. Collaborate with City local school districts, local agencies, businesses, community based organizations and citizens to the extent that resources are available, to promote awareness of Nature Center programs and activities and of the natural environment. 4. Assist with further development of Nature Center resources, including trails, markers, and other physical enhancements to increase opportunities to learn about the natural environment and history of the designated areas. 5. Assist with maintaining trails and preserving the Nature Center and surrounding enviromnent to assure minimal disturbance to natural habitats and the environment. 6._Support other park activities compatible with adjoining natural habitats. 7. Nature Center shall operate in accordance with its own approved by -laws and amendments thereof 8. Keep South lake, P e—a ,raid 20-0-1 S +N e es n gfeefn .1 ftf -200n _3 1 2004 Page 2 - - Formatted: Indent: Left: 0.25 ", Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 2" + Tab after: 2.25" + Indent at: 2.25 ", Tab stops: 0.5 ", List tab + Not at 2.25" Formatted: Bullets and Numbering r - - - Formatted: Indent: Left: 0.25 ", Line spacing: single, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 2" + Tab after: 2.25" + Indent at: 2.25 ", Tab stops: 0.5 ", List tab + Not at ` 2.25" Formatted: Indent: Hanging: 0.25 ", Line spacing: single h Formatted: Bullets and Numbering Formatted: Line spacing: single, Numbered + Level: 1 Formatted: Indent: Hanging: 0.25 ", Line spacing: single Nature Center Board of Directors shall meet as defined by the by -laws. The time, date, place, and agenda of these meetings shall be solely defined by Nature Cente 9. 444ie-City shall have the right after reasonable notice, to review the books and records kept incident to the services provided by Nature Center KSB-_to the City. 10. The City shall be provided a copy of the dates for all Board meetings and special meetings in order to allow opportunity for the City liaison to attend said meetings. - - Formatted: Line spacing: single, Numbered + Level: 1 Formatted: Bullets and Numbering t- - - Formatted: Line spacing: single, Numbered + Level: 1 .- - - Formatted: Indent: Hanging: 0.25 ", Line spacing: single - - Formatted: Indent: Left: 0.25 ", Hanging: 0.25 ", Line spacing: single, No bullets or numbering, Keep with next Formatted: Bullets and Numbering City shall provide the following services: .- - - J Formatted: Line spacing: single Billy Campbell, City Manager November 16, 2004 Page 6 A liaison will be provided by the City to assist Nature CenterzSPR ;r a-RiA in -- - - Formatted: Indent: Hanging: 0.25 ", Line co ordinat ingt activities in which Citv and Nature Center are collaborating to the nature, spacing: single extent, and duration defined solely by the City_ KSB a n d Git operations The liaison may ffiayparticipate in Board meetings and special meetings to the extent deemed feasible by the City to support coordination of collaborative activities.at -a4 City shall offer to the extent that City resources allow, staff assistance, advice, and technical expertise rhP--,4 to Nature Center l4. The nature, extent, and duration of such assistance shall be defined solely by the Citv. 3_ r -- - - Formatted: Indent: Left: 0 ", First line: 0.25 ", City shall provide administrative support to Nature Center K-SB, to the extents Line spacing: single feasible —for such Nature CenterlS44 activities as promotional events for increasing ---- Formatted: Indent: First line: 0 ", Line awareness of the Nature Center and its actual or potential use, training volunteers, educating spacing: single citizens about the local natural environment, organizing events for the development and maintenance of trails and related enhancements within the Nature Center_ and other nroiects as might from time to time be jointly planned. FiFoi oets as O,,, A Gl ui K eep S ti -fi 1 2003 r,,mm S oFN e n — un gFeemen Japmmy 1, 2904 — neon �� 2 — x1, n,Y,^, -; „A., Clean n,-b P 'o,,,.1. o f T7. t +halog- Do R l, S rl -- - - e !� ' Tee � �e�>�- -�aznS Formatted: Line spacing: single _ The nature, extent, and duration of this support shall be solely defined by the City. 4.4. The City shall reserve the right to review and approve all programs and activities that -� - - Formatted: Indent: Left: 0.25 ", Hanging: involve the use of City aff, resources, or proper 5' P P y' Line spacing: single, No bullets or 5. City shall provide a meeting space for regular meetings of the Nature Center u � R Board of ` num b, numbering Directors and one annual membership meeting. If space is available, and upon reasonable Formatted: Bullets and Numbering notice, Citv shall provide space for special meetings of Nature Center as might from to time be called. �gs -5-.6. Standard rental fees for facility use shall not apply to the Nature Center for those - - - Formatted: Indent: Left: 0.25 ", Hanging: activities conducted b the Nature Center in con with this agree Such ` S g Line spacing: single, No bullets or permitted use of any facility or property is not necessarily exclusive to Nature Center. ` num b, numbering 7. All fundraising activities by the Nature Center occurring on park property shall comply with Formatted: Bullets and Numbering all park use policies that may be in place at the time. �-, DA VARL` T1 0 - CL` DVrrTi C Formatted: Line spacing: single Billy Campbell, City Manager November 16, 2004 Page 7 SECTION 2-5 TERM OF AGREEMENT 1. The term of this agreement shall be for a period beginning January Jayl, 2005 and ending December 31, 2005. This agreement may be renewed for up to three successive one year periods beginning on January 1 and ending on December 31 of each year upon written agreement of both parties. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. Upon termination, or if Nature CenterKS44 ceases to provide services under this Agreement, Nature CenterKl4 shall, if requested by City, immediately vacate its occupancy of any City facilities or property and surrender any City owned equipment, resources or other property. SECTION 3 USE OF CITY EQUIPMENT AND SUPPLIES City agrees to offer, at the discretion of the City, the use of various equipment and supplies to the Nature Center for services described in Section 1 hereinabove. Equipment and supplies must be returned to the City in the same or better condition as when provided. The Nature Center will be responsible for incurring the cost for repairs or replacement of any equipment or supplies which are damaged during use by the Nature Center. SECTION 4 INDEPENDENT CONTRACTOR In performing the services hereunder, Nature CenterKS44 is acting as an independent contractor, and shall not be deemed an employee, agent or partner of the City. Neither party shall have the authority to make binding representations or agreements on behalf of the other. t- - - Formatted: Normal, Centered, Indent: Left: t 0 ", Hanging: 0.5 ", Keep lines together Formatted: Heading 1 SECTION 5 Billy Campbell, City Manager November 16, 2004 Page 8 cFr� NO WAIVER OF GOVERNMENTAL IMMUNITY -- - - Formatted: Indent: First line: 0" Notwithstanding any provision of this Agreement to the contrary, nothing contained in this -- - - Formatted: Indent: Left: 0 ", Line spacing: ageement shall be construed to limit or waive any governmental or sovereign immunity of the City single or any immunity applicable to its officers, agents, servants or employees. -- - - Formatted: Line spacing: single IN WITNESS WHEREOF the City and Nature Center have executed this agreement as of this-- - - I Formatted: Line spacing: single day of 1 2004. Approved as to legal form: Attorney at Law Mayor City of Southlake President Bob Jones Nature CenterReep South lake Beautiful