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