Item 4QCITY OF
SOUTHLAKE
MEMORANDUM
September 26, 2012
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services Department
SUBJECT: Approve renewal of a Community Services Agreement with
Southlake Sister Cities
Action Requested: City Council approval on the renewal of the Community
Services Agreement with Southlake Sister Cities (SSC) for a
three year term to expire September 30, 2015.
Background
Information: The City has chosen to work with non - profit community
organizations such as Southlake Sister Cities to provide
important social, educational, economic and cultural
programs and services to Southlake citizens and
businesses. Having a Community Services Agreement in
place allows for these services to be provided without the
City having to fund additional personnel and capital
investments, as well as the ongoing administrative and
operational expenses that would be required to provide
these services to the community.
The renewal agreement with Southlake Sister Cities for your
consideration today is a standardized agreement with an
Appendix section pertaining to the specific scope of services
with the organization.
This agreement is for a three year period, October 1, 2012 -
September 30, 2015.
Southlake Sister Cities will act as the official liaison between
Southlake's sister cities and friendship cities, will host
visitors from the sister cities and friendship cities, promote
the sister cities program and represent Southlake on
exchange trips. In addition, the City shall provide a staff
contact person to serve as a liaison between the City and
SSC, provide a presence on the City's website, publish
organization information in the Southlake Scene, and
City of Southlake Values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — October 2, 2012
Page 2 of 3
provide at no cost to SSC the use of City facilities for events
and meetings directly related to SSC business.
In consideration for the services rendered by Southlake
Sister Cities on behalf of Southlake citizens, the City agrees
to support SSC with an annual payment in the amount of
$5,000, subject to annual approval of the operating budget
by the City Council. The City has provided financial support
to SSC since 2001. From 2001 -2007, SSC received $1,000
annually. Since 2007, they have received $5,000 annually.
NOTE: On September 25, 2012, SSC requested an
increase of $3,000 in City financial support for a total annual
payment of $8,000. The requested increase is due to
additional services SSC offers, which now includes
exchange activities with Suzhou, Wuzhong District, China.
The agreement, as presented by staff, maintains the $5,000
annual payment as per the approved FY 2013 General Fund
Budget for the SSC Community Services Agreement.
A copy of the Community Services Agreement, detailing the
organization's scope of services and the City's obligations is
attached.
Financial
Considerations: Funding in the amount of $5,000 for the Southlake Sister
Cities Community Services Agreement is included in the
approved FY 2013 annual budget, and will also be included
in subsequent budget proposals for FY 2014 and FY 2015
as required by the term of the Agreement.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus areas of Performance Management and Service
Delivery and Partnerships and Volunteerism and meets the
corporate objectives to Collaborate with Select Partners to
Implement Service Solutions, Attract and Keep Top -Tier
Businesses to Drive a Dynamic and Sustainable Economic
Environment and Promote Opportunities for Partnerships
and Volunteer Involvement.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — October 2, 2012
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Citizen Input/
Board Review: Southlake Sister Cities has reviewed the proposed
agreement, and has requested a $3,000 increase in City
funding to support additional services SSC offers, which now
includes exchange activities with Suzhou, Wuzhong District,
China.
City Council consideration October 2, 2012
Legal Review: The Agreement was modeled after the standard Community
Services Agreement utilized by the City and reviewed by the
City Attorney.
Alternatives: Alternatives may include the following:
• City Council approval of the Agreement as presented
• City Council approval of the Agreement with input as
desired
• City Council decision not to renew the Agreement
Supporting
Documents:
• Proposed Community Services Agreement
Staff
Recommendation: City Council consideration for approval of the proposed
Community Services Agreement with Southlake Sister Cities
as presented.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE SISTER CITIES
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 Mayor (hereinafter
referred to as "City "), and Southlake Sister Cities, a non - profit corporation of
Texas, acting by and through its duly authorized President (hereinafter referred
to as "SSC "), an organization exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code.
WHEREAS, the mission of SSC is to provide for the fostering of global
understanding, friendship and communication through education and exchange;
and
WHEREAS, City and SSC desire to enter into a Renewal Agreement
whereby SSC will continue to act as the official liaison between Southlake's sister
cities, host visitors, provide education regarding the sister cities, promote the
Sister Cities program, and represent Southlake in exchange visits to any sister
city;
NOW, THEREFORE, City and SSC, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. SSC shall provide the services as outlined in the attached Appendix,
Section A.
B. City shall provide services as outlined in the attached Appendix, Section
A.
SECTION 2
CITY AND SSC STAFF CONTACTS
SSC and the City shall both provide staff liaison's as outlined in the attached
Appendix, Section A.
Community Services Agreement with Southlake Sister Cities
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SECTION 3
GOVERNANCE
SSC shall be solely governed by its board of directors, who shall meet in
accordance with the bylaws and articles of incorporation. The time, date, place
and agenda of these board meetings shall be the responsibility of the SSC board
of directors.
SECTION 4
CONSIDERATION
In recognition that the City elected to support the efforts of SSC to foster global
communication, understanding and friendship rather than provide such service,
City agrees to an annual payment to be paid to SSC in the amount of $5,000 to
be dispersed annually on November 1 of each year. Final payment amount is
subject to City Council budget authorization.
Payment by the City shall be applied by SSC as described in the attached
Appendix, Section A.
SECTION 5
REPORTING
A. SSC shall generate and provide to Candice Edmondson, Assistant to the
Director of Community Services of the City, annual reports regarding the
performance measures outlined in the attached Appendix, Section B.
B. The City shall have the right to review the books and records kept incident
to the services provided by Southlake Sister Cities to the City.
SECTION 6
INSURANCE AND INDEMNIFICATION
SSC AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND
EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER
CONSULTANTS), ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY
OR INDIRECTLY, THE NEGLIGENT ACT OR OMISSION OF CARS, ITS
OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT. CARS SHALL NOT BE REQUIRED
TO INDEMNIFY THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR
ANY DAMAGES OR LIABILITY FOUND BY A COURT TO HAVE ARISEN
FROM THE NEGLIGENT ACT OR OMISSION OF THE CITY, ITS OFFICERS,
Community Services Agreement with Southlake Sister Cities
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AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE
INSURANCE COVERAGES.
SECTION 7
INDEPENDENT CONTRACTOR
In performing the services hereunder, SSC is acting as an independent
contractor, and shall not be deemed an employee, agent or partner of the City.
City shall have no power to direct or supervise its activities in carrying out its
responsibilities under this Agreement. Neither party shall have the authority to
make binding representations or agreements on behalf of the other.
SECTION 8
TERM OF AGREEMENT AND REVIEW OF PERFORMANCE
A. The term of this agreement shall be for a period beginning October 1,
2012 and ending September 30, 2015 This agreement may be renewed
for up to two successive three -year periods beginning on October 1 and
ending on September 30 of each year upon written agreement by both
parties and annual budget approval by the Southlake City Council.
B. At the end of the term, the City will undertake an annual review of the
performance based upon performance and quality measures outlined in
the attached Appendix, Section B.
C. Notwithstanding any provision herein to the contrary, either party may
terminate this Agreement upon 30 days written notice to the other. Upon
termination, or if SSC ceases to provide services under this Agreement,
SSC shall return to the City any unexpended funds paid pursuant to this
Agreement.
SECTION 9
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. To the extent there may be a waiver of
immunity under state law, the remedies available to enforce this Agreement are
limited to mandamus, specific performance or injunctive relief. All other
remedies, including suits for damages and recovery of attorney's fees are
specifically waived by both parties.
Community Services Agreement with Southlake Sister Cities
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SECTION 10
CITY OF SOUTHLAKE — STRATEGIC LINK
The City has adopted a Strategic Management System to improve the
organization's ability to define and execute its strategy. Effective strategic
management systems provide the mechanism to link the mission, strategy,
department goals, citizen perceptions, and service delivery efforts in a
continuous feedback loop. SSC, its mission and the services, outlined on page 1
of the agreement, link to the City's strategy through the following strategic
objectives:
• C4 Attract and keep top -tier businesses to drive a dynamic
and sustainable economic environment
• C5 Promote opportunities for partnerships and volunteer
involvement
SECTION 11
CITY OF SOUTHLAKE VALUES
The City has adopted values that are the fundamental principles that guide how
officials, staff, and employees of the City conduct themselves in pursuit of the
mission and vision. All business conducted with the City shall adhere to the City's
organizational values as described below:
• Integrity: Being worthy of the public's trust in all things.
We deal honestly and respectfully with each other and the public at all
times.
• Innovation: Valuing progressive thinking, creativity, flexibility and
adaptability in service delivery.
• Accountability: Taking personal responsibility for our actions or
inaction while putting the interests of the taxpayer first.
• Commitment to Excellence: Behaving responsively in our delivery of
service to the public. Our work is characterized by its quality and by the
diligence with which it is carried out. We proactively seek to solve
problems in advance.
• Teamwork: Recognizing the importance of working together to meet
our citizen's needs, communicating clearly, sharing resources and
information freely.
The values set forth in Section 11 are goals to which City officials, staff and
employees are expected to adhere to in activities concerning this Agreement.
While perceived failure to adhere to, comply with, or take action consistent with
these values should be reported to an appropriate City official, staff member, or
employee, such action or failure to act shall not be considered a breach of this
Agreement.
Community Services Agreement with Southlake Sister Cities
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SECTION 12
MISCELLANEOUS
This Agreement sets forth all the agreements between the parties and no
modification shall be effective unless reduced to writing and signed by the part to
be changed therewith.
This document may be executed in duplicate originals.
IN WITNESS WHEREOF the City and SSC have executed this Agreement as of
this day of , 201_
CITY OF SOUTHLAKE
Mayor, City of Southlake
ATTEST:
Alicia Richardson, TRMC
City Secretary
SOUTHLAKE SISTER CITIES
President, Southlake Sister Cities
Approved as to form and legality:
City Attorney
Community Services Agreement with Southlake Sister Cities
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AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE SISTER CITIES
APPENDIX
SECTION A
SCOPE OF SERVICES
V'1
In return for payment described in Section 4 of this Agreement, SSC shall
provide the following services
1 . SSC staff contact person to serve as a liaison between SSC and the
City:
a. Name: Jeff Wang
b. Title: President
c. Phone: (817) 251 -1001
d. Email Address: 0 eff (a)-south lakes istercities.org
2. Act as the official liaison between Southlake sister cities and friendship
cities. Current sister cities are Tome, Japan and El Fuerte, Mexico.
Current friendship city is Suzhou Wuzhong District, China.
3. Serve as host for visitors from Southlake Sister Cities including
arrangement of overnight accommodations, meals, touring, official
receptions, etc.
4. Promote the Southlake Sister Cities program to the citizens of
Southlake.
5. Represent Southlake in exchange visits to Southlake Sister Cities.
B. In addition to payment described in Section 4 of this Agreement, City shall
1 . Provide a staff contact person to serve as a liaison between City and
SSC. The City liaison shall be apprised by SSC of all SSC board
meetings, SSC shall forward a copy of the agenda for each meeting
prior to any scheduled meetings, and the City liaison may participate
with the SSC board at all scheduled meetings.
a. Name: Candice Edmondson
b. Title: Assistant to the Director of Community Services
c. Phone: (817) 748 -8311
d. Email Address: cedmondsonaci.southlake.tx.us
2. Provide a presence on www.CitvofSouthlake.com which is limited to:
Community Services Agreement with Southlake Sister Cities
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a. One information page which includes organization name,
mission, contact information and link to organization website
3. Consider posting information contained in press releases on
www.MySouthlakeNews.com and /or www.CitvofSouthlake.com Any
and all information in such press releases will be subject to review and
possible revision prior to posting.
4. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
5. Provide access to the City's logo for use by SSC. Such use is subject
to review and approval by the City's Communications & Website
Manager.
6. Provide at no cost to SSC in accordance with current policies and
guidelines, the use of City facilities for events and meetings directly
related to SSC business. Requests for use of City facilities shall follow
current reservation procedures as outlined in the Facility Use Policy.
SECTION B
PERFORMANCE AND QUALITY MEASURES
In evaluating SSC's performance pursuant to Section 8 of this Agreement, the
City will determine whether SSC has met the following performance measures:
A. SSC will act as the official liaison, represent the City, and provide the
services described in the Appendix, Section A, in a professional manner
throughout the entire term of the agreement.
B. SSC will develop and provide a detailed annual report on its programs and
events, and on how the City's funding is utilized in support of SSC.