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 -- - -
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resources allow, is to provide:
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- A liaison to assist Nature Center in
lines together
co ordinat ingi activities
- "+ ^n se-hod meetings. Staff assistance, advice, and -- - -
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technical expertise.
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Keep lines together
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� Admimstrative sup ucrz "'t,°"'° ICS1 to in creas e awareness
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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 -, - -
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conducted by the Nature Center.
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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
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at: 2.25 ", Tab stops: 0.5 ", List tab + Not at
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spacing: single
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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.
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Level: 1
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Level: 1
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spacing: single
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0.25 ", Line spacing: single, No bullets or
numbering, Keep with next
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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
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_ 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 -� - -
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involve the use of City aff, resources, or proper
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5.
City shall provide a meeting space for regular meetings of the Nature Center u � R Board of `
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numbering
Directors and one annual membership meeting. If space is available, and upon reasonable
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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 - - -
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activities conducted b the Nature Center in con with this agree Such `
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permitted use of any facility or property is not necessarily exclusive to Nature Center. `
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7.
All fundraising activities by the Nature Center occurring on park property shall comply with
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all park use policies that may be in place at the time.
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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.
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SECTION 5
Billy Campbell, City Manager
November 16, 2004
Page 8
cFr�
NO WAIVER OF GOVERNMENTAL IMMUNITY
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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
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