Item 4RCITY OF
SOUTH LAKE
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 Historical Society
Action Requested: City Council approval on the renewal of the Community
Services Agreement with Southlake Historical Society (SHS)
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 Historical Society 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 Historical Society 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 -
Septemer 30, 2015.
Southlake Historical Society will manage and maintain their
own SHS website, act as the local historical society for
Southlake and provide educational and entertaining
community programs for Southlake citizens. The City will
provide a staff contact person to serve as a liaison between
City and SHS, presence on the City's website, provide
limited, secure storage space for historically significant items
and allow SHS use of City facilities for events and meetings
directly related to SHS business.
City of Southlake Values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — October 2, 2012
Page 2 of 3
There is no cash payment or other consideration due to
Southlake Historical Society since the City and SHS agree
the services provided by the other represent an approximate
equal value.
A copy of the Community Services Agreement, detailing the
organization's scope of services and the City's obligations is
attached.
Financial
Considerations: There is no funding consideration for this 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 Provide Attractive and Unique
Spaces for the Enjoyment of Personal Interests, Enhance
Resident Quality of Life and Business Sustainability through
Tourism and Promote Opportunities for Partnerships and
Volunteer Involvement.
Citizen Input/
Board Review: Southlake Historical Society has reviewed the proposed
agreement and had no substantive changes.
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 Agreement as presented
• City Council approval of Agreement with input as desired
• City Council decision not to renew Agreement
Supporting
Documents:
• Proposed Community Services Agreement
City of Southlake Values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — October 2, 2012
Page 3 of 3
Staff
Recommendation: City Council approval of the Community Services Agreement
with Southlake Historical Society as presented
City of Southlake Values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE HISTORICAL SOCIETY
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 Historical Society, a non - profit corporation of
Texas, acting by and through its duly authorized President (hereinafter referred
to as "SHS "), an organization exempt from taxation under Section 501(c)(3) of
the Internal Revenue Code.
WHEREAS, the mission of SHS is to provide a dedication to archiving
historical materials including scanning historical photos, gathering oral history
interviews, helping in the research of both family and area business histories,
developing programs for teachers and students, and working as the community
advocacy group to preserve and protect Southlake's history; and
WHEREAS, City and SHS desire to enter into a Renewal Agreement
whereby SHS will continue to provide educational and motivational programs to
improve the understanding of items, places and persons of historical significance
in and around Southlake for the enhancement of the City;
NOW, THEREFORE, City and SHS, in consideration of the mutual
undertakings hereunder set forth, do hereby covenant and agree as follows:
SECTION 1
SCOPE OF SERVICES
A. SHS 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.
Community Services Agreement with Southlake Historical Society
Page 2 of 7
SECTION 2
CITY AND SHS STAFF CONTACTS
SHS and the City shall both provide staff liaisons as outlined in the attached
Appendix, Section A.
SECTION 3
GOVERNANCE
SHS 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 SHS board
of directors.
SECTION 4
REPORTING
A. SHS shall generate and provide to Kerry McGeath, Deputy 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 Historical Society to the City.
SECTION 5
INSURANCE AND INDEMNIFICATION
SHS 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 SHS, ITS
OFFICERS, EMPLOYEES AND AGENTS, IN THE PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT. SHS 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,
AGENTS OR EMPLOYEES, EXCEPT TO THE EXTENT OF ANY APPLICABLE
INSURANCE COVERAGES.
SECTION 6
INDEPENDENT CONTRACTOR
In performing the services hereunder, SHS is acting as an independent
contractor, and shall not be deemed an employee, agent or partner of the City.
Community Services Agreement with Southlake Historical Society
Page 3 of 7
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 7
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 SHS ceases to provide services under this Agreement,
SHS shall return to the City any unexpended funds paid pursuant to this
Agreement.
SECTION 8
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.
SECTION 9
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. SHS, its mission and the services, outlined on page 1
of the agreement, link to the City's strategy through the following strategic
objectives:
• C3 Provide attractive and unique spaces for the enjoyment
of personal interests
Community Services Agreement with Southlake Historical Society
Page 4 of 7
• C5 Promote opportunities for partnerships and volunteer
involvement
• B3 Enhance resident quality of life and business
sustainability through tourism
SECTION 10
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 10 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.
SECTION 11
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 SHS have executed this Agreement as of
this day of , 201_
Community Services Agreement with Southlake Historical Society
Page 5 of 7
CITY OF SOUTHLAKE
Mayor, City of Southlake
ATTEST:
Alicia Richardson, TRMC
City Secretary
SOUTHLAKE HISTORICAL SOCIETY
President, Southlake Historical Society
Approved as to form and legality:
City Attorney
Community Services Agreement with Southlake Historical Society
Page 6 of 7
AGREEMENT BETWEEN
CITY OF SOUTHLAKE
AND
SOUTHLAKE HISTORICAL SOCIETY
APPENDIX
SECTION A
SCOPE OF SERVICES
A. In return for payment described in Section 4 of this Agreement, SHS shall
provide the following services:
1. SHS staff contact person to serve as a liaison between SHS and the
City:
a. Name: Anita Robeson
b. Title: President
c. Phone: (817) 896 -4280
d. Email Address: anitarobeson(a�aol.com
2. SHS shall manage and maintain their own SHS website; however, they
may, at times, prepare and propose SHS content for inclusion on the
City of Southlake website, subject to the City approval. Any additional
services related to the preparation, formatting, and arrangement of
SHS material on the city website shall be at the discretion of the
Director of Community Services or his designee.
3. Maintain local membership and act as the local historical society for
Southlake.
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
SHS. The City liaison shall be apprised by SHS of all SHS board
meetings, SHS shall forward a copy of the agenda for each meeting
prior to any scheduled meetings, and the City liaison may participate
with the SHS board at all scheduled meetings.
a. Name: Kerry McGeath
b. Title: Deputy Director of Community Services
c. Phone: (817) 748 -8384
d. Email Address: kmcgeath(@ci.south1ake.tx.us
2. The City liaison shall be notified by SHS of any events to be held at the
Log Cabin. SHS shall forward via email event information to include
the event date, time and expected attendance. Such notification shall
be provided thirty (30) days prior to each event.
3. Provide lockable, storage space at the Department of Community
Services' storage building, located at the City's Service Center, 1950
Community Services Agreement with Southlake Historical Society
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E. Continental Blvd., Southlake, Texas 76092, or other location as
deemed appropriate by the Director of Community Services.
4. Provide a presence on www.CitvofSouthlake.com which is limited to:
a. One information page which includes organization name, mission,
contact information and link to organization website.
5. 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.
6. Publish in the quarterly editions of the Southlake Scene organization
information to include organization name, mission, contact information
and link to organization website.
7. Provide access to the City's logo for use by SHS. Such use is subject
to review and approval by the City's Communications & Website
Manager.
8. Provide at no cost to SHS in accordance with current policies and
guidelines, the use of City facilities for events and meetings directly
related to SHS 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 SHS's performance pursuant to Section 8 of this Agreement, the
City will determine whether SHS has met the following performance measures:
A. SHS will provide the services described in the Appendix, Section A, in a
professional manner throughout the entire term of the agreement.