Item 10MCity- of Southlake, Texas
MEMORANDUM
November 17, 2004
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Interim Director of Community Services (ext. 1527)
SUBJECT: Approval to enter into a Community Services Agreement with Keep
Southlake Beautiful
Action Requested: City Council approval of the agreement for community services with
Keep Southlake Beautiful in the amount of $5,000.
Background
Information: Keep Southlake Beautiful (KSB) is a non - profit, community -based
organization that fast entered into an agreement with the City of
Southlake in 1994. KSB currently provides many services to the
community including educational programs, environmental
awareness, and the implementation of the adopt -a- street program for
Southlake city streets and right -of -ways.
KSB has requested $4,000 for FY 2005 to support KSB programs as
outlined in the agreement. A KSB school partnership has been
developed to enhance the relationship between KSB and all schools in
Southlake through reuse /recycle, environmental, and Teacher Grants
programs. The Adopt -A- Street program continues to operate with
quarterly cleanups. Beautification efforts include the City Street Tree
program where 40 residents will share the cost of native /adapted trees
planted in the City's right -of -way. Other programs supported by KSB
are the celebration of Arbor Day with the City's Parks and Recreation
Department's Fall HarvestFest, the "SPIN into Spring" and "Tour de
Parks" events, the Great American Cleanup, Please Don't Fee the
Storm Drain promotion, and work with the City and other
organizations in developing the Liberty Garden and other projects
identified by the organization.
The proposed agreement also includes up to $1,000 reimbursable
funds for landscaping of Liberty Garden. This allows for the upkeep
of the planting materials in the newly developed Liberty Garden now
that it is complete.
Financial
Considerations: KSB has requested funding of $4,000 for FY 2004 -2005 for services
rendered to the community and $1,000 to be reimbursed KSB for
material costs associated with general landscape maintenance and
enhancements to the Liberty Garden in Bicentennial Park.
Billy Campbell, City Manager
November 16, 2005
Page 2 of 5
Financial The approved FY 2004 -2005 Community Services Division budget
Impact: has allocated funding for community services agreements and this
request is within the budgeted amount.
Citizen Input/
Board Review: KSB Board of Directors approved this agreement at their October 20,
2004 meeting. KSB Board President Rosemary Hutchins may be
present at the work session to answer any questions.
Legal Review: This agreement was modeled after the standard community services
agreement utilized by the City. It has been reviewed the City
Attorney.
Alternatives: Alternatives may include the following:
• Changes in the funding amount as determined by City Council
• Non - renewal of community services agreement
Supporting
Documents: Supporting documents include the following items:
• Proposed Agreement for Community Services with Keep
Southlake Beautiful
Staff
Recommendation: City Council approval of the proposed Community Services
Agreement between Keep Southlake Beautiful and the City of
Southlake in the amount of $4,000 for services rendered to the
community and up to $1,000 to be reimbursed KSB for material costs
associated with general landscape maintenance and enhancements to
the Liberty Garden in Bicentennial Park.
/Ice
Billy Campbell, City Manager
November 16, 2005
Page 3 of 5
AGREEMENT FOR COMMUNITY SERVICES
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 City Manager (hereinafter referred to as "City "), and Keep Southlake
Beautiful ( "KSB "), a nonprofit organization operating in the City of Southlake as an organization
described in section 501 (c)3 of the Internal Revenue Code, acting by and through its duly
authorized President.
WHEREAS, the purpose of KSB is to provide educational and motivational programs to
improve the appearance of the City of Southlake and to preserve and enhance the local natural
environment; and
WHEREAS, KSB is a recognized member of Keep America Beautiful and Keep Texas
Beautiful with full membership rights and resources; and
WHEREAS, City and KSB desire to enter into an Agreement whereby KSB will provide
beautification services to the citizens of Southlake;
NOW, THEREFORE, City and KSB do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
KSB shall provide the following services:
Management of Adopt -A- Street programs on non -State highways within the City of
Southlake.
Litter pickup along city streets, shores, and parks as allowed by available volunteer workers.
Education of citizenry on environmentally sound waste disposal practices, recycling, and
pollution control.
Promotion of tree planting and city beautification through landscaping.
Cooperation with local agencies, businesses, and citizens to render educational and other
services as is available through funding or other programs to promote beautification and
environmental awareness.
Maintain certification as an affiliate of Keep America Beautiful, Inc. and Keep Texas
Beautiful.
Assist with the maintenance of the landscaping for the Liberty Garden at Bicentennial Park.
Billy Campbell, City Manager
November 16, 2005
Page 4 of 5
SECTION 2
KSB FUNCTIONS
KSB Board of Directors shall meet periodically. The time, date, place, and agenda of these
meetings shall be solely defined by KSB.
KSB shall operate in accordance with its own approved by -laws.
Administration of the Adopt -A- Street program shall be coordinated by KSB.
The City shall have the right to review the books and records kept incident to the services
provided by KSB to the City.
SECTION 3
CITY FUNCTIONS
1. A liaison will be provided by the City to assist KSB in coordinating KSB and City
operations. The City liaison shall be apprised of all board meetings of KSB, and the liaison
may participate at all scheduled meetings.
2. City shall provide staff assistance, advice, and technical expertise where feasible to aid
KSB. The nature, extent, and duration of such assistance shall be defined solely by the City.
3. City shall provide administrative support to KSB, where feasible for such KSB projects as:
Quarterly Cleanups, Adopt -A- Street, Art in the Square, Great
American Cleanup, Arbor Day, Teueh of Natufe Anthology Don't Feed the Storm Drains— - - Formatted: Indent: Hanging: 0.5"
campaign, or other mutually agreed upon events /programs. The nature, extent, and duration
of this support shall be solely defined by the City.
4. City shall provide a meeting space for KSB Board of Directors meetings.
5. The City shall provide at no cost to KSB the use of the Liberty Garden pavilion for events
directly related to KSB including maintenance and educational programs involving KSB
partner organizations. Requests for use of the Liberty Garden pavilion shall follow current
reservation procedures.
6. City shall provide administration of the Street Tree Program as funded in FY 200 -054
budget.
SECTION 4
PAYMENT FOR SERVICES
City agrees to pay to KSB the sum of Four Thousand ($4,000.00) Dollars in payment for services
described in Section 1 hereinabove.
Additionally, City agrees to reimburse KSB up to the sum of One Thousand ($1,000.00) Dollars for
material costs associated with general landscape maintenance and enhancements to the Liberty
Garden in Bicentennial Park.
SECTION 5
TERM OF AGREEMENT
The term of this agreement shall be for a period of one (1) year beginning January 1, 20054
and ending December 31, 20054.
Billy Campbell, City Manager
November 16, 2005
Page 5 of 5
Either party may terminate this Agreement upon 30 days written notice to the other party.
Upon termination, or if KSB ceases to provide services under this Agreement, KSB shall
return any unexpended funds paid pursuant to this Agreement.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, KSB is acting as an independent contractor, and shall not be
deemed an employee, agent or partner of the City. Neither party shall have the authority to make
binding representations or agreements on behalf of the other.
SECTION 7
NO WAIVER OF GOVERNMENTAL IMMUNITY
Notwithstanding any provision of this Agreement to the contrary, nothing contained in this
agreement shall be construed to limit or waive any governmental or sovereign immunity of the City,
or any immunity applicable to its officers, agents, servants or employees.
IN WITNESS WHEREOF the City and KSB have executed this agreement as of this day
of 1 200 4.
Approved as to legal form:
Attorney at Law Mayor, City of Southlake
President, Keep Southlake Beautiful