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Item 10NCity 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 Women's Club for Art in the Square Action Requested: City Council approval of the proposed Community Services Agreement between the Southlake Women's Club and the City of Southlake for 2005. Background Information: The Southlake Women's Club is a non -profit organization headquartered in Southlake. They provide assistance to charities and other non - profit organizations in Southlake. In the Spring of 2000, the Southlake Women's Club hosted a new event: Art in the Square. It was well received by the public and raised over $35,000 to benefit local children's charities. The City of Southlake has been involved with this event since its inception. The City has provided use of various equipment such as tents, sound systems, etc. Although the Southlake Women's Club is not seeking any direct funding from the City of Southlake for Art in the Square, a Community Services Agreement should be in place in order to allow the Southlake Women's Club use of City equipment. Financial Considerations: The Southlake Women's Club will be responsible for incurring the cost for repairs or replacement of any equipment or supplies should there be damage during their use. There is no direct funding required from the City as part of this proposed agreement. Financial Impact: The Southlake Women's Club provides funding to various charities and organizations in Southlake and surrounding areas. Citizen Input/ Board Review: This agreement has been reviewed by a Southlake Women's Club representative, Terri Messing, who will be available at the City Council meeting to answer any questions. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has been reviewed by the City Attorney. Billy Campbell Page 2 November 17, 2004 Alternatives: Alternatives may include the following: • Approval of the proposed community services agreement as presented. • City Council in -put a desired. • City Council decision not to approve the proposed community services agreement. Supporting Documents: Supporting documents include the following items: • Proposed Agreement for Community Services with the Southlake Women's Club. Staff Recommendation: City Council approval of the proposed Community Services Agreement between the Southlake Women's Club and the City of Southlake for 2005. Billy Campbell Page 3 November 17, 2004 AGREEMENT FOR COMMUNITY SERVICE 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 the Southlake Women's Club, a nonprofit organization operating in the 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 Southlake Women's Club is to provide an annual arts festival that benefits the community and charities in Southlake and surrounding communities and provide a focus for the expansion of other arts programs in the City of Southlake; and, WHEREAS, the Southlake Women's Club has been in existence since 1985; and, WHEREAS, the City and the Southlake Women's Club desire to enter into an Agreement whereby the Southlake Women's Club will provide services to citizens through their hosting of a community event; NOW, THEREFORE, City and the Southlake Women's Club do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES Southlake Women's Club shall provide the following services: 1. Host Art in the Square which is a community event in which proceeds go to charities serving children and families. SECTION 2 SOUTHLAKE WOMEN'S CLUB(S) OPERATIONS 1. Southlake Women's Club shall operate in accordance with its own approved by -laws. 2. The City shall have the right to review the books and records kept incident to the services provided by the Southlake Women's Club to the City. Billy Campbell Page 4 November 17, 2004 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 Southlake Women's Club for the Art in the Square event 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 Southlake Women's Club will be responsible for incurring the cost for repairs or replacement of any equipment or supplies which are damaged during use by the Southlake Women's Club. SECTION 4 PAYMENT FOR SERVICES The City and the Southlake Women's Club agree that the services provided by the other represent an approximately equal value and, as such, there are no cash payments or other consideration due to the other party. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for a period of one (1) year beginning January 1, 20054 and ending December 31, 20054. 2. Either party may terminate this Agreement upon 30 days written notice to the other party. SECTION 6 INDEPENDENT CONTRACTOR In performing the services hereunder, Southlake Women's Club 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 the Southlake Women's Club have executed this agreement as of this day of )2004. Billy Campbell Page 5 November 17, 2004 Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President Southlake Women's Club