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Item 10JCity of Southlake, Texas MEMORANDUM November 17, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (x1527) SUBJECT: Approval to enter into a Community Services Agreement with the Southlake Community Band Action Requested: City Council approval of the 2005 Agreement for Community Services with the Southlake Community Band. Background Information: Southlake Community Band (previously Lake Cities Community Band) first received funding from the City in 1995. Their request for financial support stemmed from the increasing size of the Southlake Community Band, as well as the growing number of area performances. Over the past several years the Southlake Community Band has added to their concert schedule in order to meet the demands of a growing community and an increased number of City sponsored special events. The events in which the Southlake Community Bands performs includes the Stars and Stripes Celebration, Holiday Celebration and various concerts throughout the year. Their purpose is to provide education and entertainment in an effort to increase local appreciation of the arts. Financial Considerations: The Southlake Community Band has requested funding of $5,000 for FY 2004 -2005 for services rendered to the community. This request is within the budgeted amount. Citizen Input/ Board Review: The Southlake Community Band representative, Ken McMillan has reviewed this agreement and there were no major changes recommended. Legal Review: This agreement has been reviewed by 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 Billy Campbell, City Manager November 17, 2004 Page 2 Supporting Documents: Proposed Agreement for Community Services with Southlake Community Band. Recommendation: City Council approval of the Scope of Services Agreement with the Southlake Community Band. AGREEMENT FOR COMMUNITY SERVICE STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is entered into by and between the City of Southlake, Texas, a__ , - Comment [TSI]: Again, i recommend the same home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by changes as me m ne GRACE a and through its duly authorized City Manager (hereinafter referred to as "City "), and the Southlake Community Band (the "Band "), a nonprofit organization operating in the Southlake, Grapevine, Colleyville area 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 the Band is to support 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, the Band has served Southlake and surrounding communities through such events since 1992, and, WHEREAS, the City and the Band desire to enter into an Agreement whereby the Band will provide entertainment and educational services to the Southlake community and others as referred to by the City, NOW, THEREFORE, City and Band do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The Band shall provide the following services: 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. Perform At least sr °° x concert events, free to the public, between "040he-w �99 January 1, 200 54 and S ep t ew b er - �0 240 December 31, 2005 Proposed events include: • Fall Concert, • Holiday Celebration • Winter Holiday Concert • Guest Artist Concert • Annual Young Peoples Concert • Star and Stripes (City of Southlake July 4 Celebration) • Other concerts at Town Square • Art in the Square Billy Campbell, City Manager 20054 Agreement for Community Services with Southlake Community Band Page 2 n ppFa . oa by Cit 20 -2004 Scheduling of concerts and make -up concerts, if necessary, will be by agreement of the City Community Services Director and the Band President. SECTION 2 BAND(S) OPERATIONS Band shall operate in accordance with its own approved by -laws. The City shall have the right to review the books and records kept incident to the services provided by the Band to the City. SECTION 3 PAYMENT FOR SERVICES City agrees to pay to the Band the sum of Five Thousand ($5,000.00) in payment for services described in Section 1 hereinabove. SECTION 4 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. Either party may terminate this Agreement upon 30 days written notice to the other party. Upon termination, or if the Band ceases to provide services under this Agreement, the Band shall return any unexpended funds paid pursuant to this Agreement. SECTION 5 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. Neither party shall have the authority to make binding representations or agreements on behalf of the other. SECTION 6 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. Billy Campbell, City Manager 20054 Agreement for Community Services with Southlake Community Band Page 3 IN WITNESS WHEREOF the City and the Band have executed this agreement as of this day of 1 200 4. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President Southlake Community Band