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Item 4B M E M O R A N D U M August 4, 2015 TO: Shana Yelverton, City Manager FROM: Jill Lind, Economic Development & Tourism Approve a Community Events Participation Agreement with SUBJECT: Southlake Chamber of Commerce for the 2015 Oktoberfest event ________________________________________________________________ Action Requested: Consideration of the Community Events Participation Agreement with Southlake Chamber of Commerce for the 2015 Oktoberfest event. Background Information: Oktoberfest is a three day arts and crafts festival held in Southlake Town Square and coordinated by the Southlake Chamber of Commerce. The event is free to the public and offers local unique artists, children’s arts and crafts, food and beverages, and ongoing entertainment. Financial Considerations: The City has been asked to participate in the form of staffing, facility rental, equipment, City fees and advertising (as approved by Department). The staff request will include five (5) Police Supervisors, nine (9) Police Officers, eight (8) Firefighter/Emergency Medical Technicians, three (3) Park Crew Leaders and five (5) Parks Workers to monitor the vault and for delivery and pickup of equipment. The facility rental costs will include rental of Rustin Pavilion. The equipment costs will include the rental of twenty (20) barricades. City fees including sign permit, tent permit fees and the Specific Use Permit Application fee will be waived. Current advertising costs are estimated at $5,000. Pending final determination and approval of advertising outside of the City of Southlake by the Director of Economic Development & Tourism, and final costs on all other non-advertising items, the actual City participation in advertising may increase or decrease. Requested funding will be based on actual costs incurred, the applicant has requested $11,769.62 which is 50% of estimated cost of $23,537.24. The maximum costs to be incurred by the City per the Community Event Participation Policy is $10,000 and will be reflected on the final invoices. City Council Meeting Date – August 04, 2015 Page 2 of 2 Strategic Link: This item is linked to the City’s Strategy Map related to the focus area of Partnerships and Volunteerism and meets the objective to enhance resident quality of life and business vitality through tourism as well as Actively Promote Opportunities for Partnerships and Volunteer Involvement. Citizen Input/ Board Review: A Specific Use Permit (SUP) for the Oktoberfest event received City Council approvalJune 21, 2011. The SUP on was approved (6-0) for a period of three (3) years. In addition, a provision was made that the Director of Planning and Development Services has the ability to review conditions and provide revocability at their discretion. City Council renewed the SUP for a period of five (5) years at the June 03, 2014 meeting.The Southlake Chamber of Commerce will be required to submit for a future renewal before the 2019 Oktoberfest event. Legal Review: This agreement was modeled after the standard community services agreement utilized by the City and has been reviewed by the City Attorney. Alternatives: Alternatives may include: Approve the agreement as submitted Approve the agreement with modification Deny the agreement Supporting Documents: Supporting documents include: Community Events Participation Agreement Application for Community Event Participation Resolution adopting Community Event Participation Policy Staff Recommendation: Approve Community Events Participation agreement with the Southlake Chamber of Commerce for the 2015 Oktoberfest event. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND SOUTHLAKE CHAMBER OF COMMERCE FOR OKTOBERFEST 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 Chamber of Commerce (hereinafter referred , a nonprofit organization operating in 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 the Applicant is to provide a three day arts and crafts festival that is free to the public; and, WHEREAS, the City and the Applicant desire to enter into an Agreement whereby the Applicant will provide services to citizens through their hosting of a community event; NOW, THEREFORE, City and Applicant do hereby covenant and agree as follows: SECTION 1 SCOPE OF SERVICES The Applicant shall provide the following services to the community: 1. Host Oktoberfest which is a community event which is free to the public. The Applicant shall conduct the event as described in the attached Community Event Participation Application. SECTION 2 SOUTHLAKE CHAMBER OF COMMERCE OPERATIONS 1. The Applicant 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 Applicant to the City. Community Event Participation Agreement - Oktoberfest 2015- 2015-07-23 - Page 1 of 3 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 Applicant for the Oktoberfest 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. City also agrees to provide the services of City employees as listed in the attached Community Event Participation Application. The Applicant will be responsible for incurring the cost for repairs or replacement of any equipment or supplies which are damaged during use by the Applicant. SECTION 4 PAYMENT FOR SERVICES The City and the Applicant agree that the services provided by the other represent an approximately equal value and, as such, the Applicant shall be required to provide a 50/50 match of the contributions by the City. SECTION 5 TERM OF AGREEMENT 1. The term of this agreement shall be for the dates of the Oktoberfest event on October 1, 2015 thru October 4, 2015 or three (3) days. 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, the Applicant 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. Community Event Participation Agreement - Oktoberfest 2015- 2015-07-23 - Page 2 of 3 IN WITNESS WHEREOF the City and the Applicant have executed this agreement as of this _______day of ________, 2015. _____________________ __________________________ LAURA HILL PRESIDENT, SOUTHLAKE CHAMBER MAYOR OF COMMERCE ATTEST: _____________________________ LORI PAYNE CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Community Event Participation Agreement - Oktoberfest 2015- 2015-07-23 - Page 3 of 3 3. Applicant's Community Involvement: Is the applicant active in the community? Are they local and frequently engaged in community activities? If the applicant is not involved locally, is the event unique enough to support? Answer: 4. City Recognition: Will the City be recognized as a "co-sponsor"? What additional exposure or recognition will the City receive? Answer: 5. Experience of Applicant: Does the applicant have a history of successfully holding the event? Has the applicant worked successfully with the City on this or other similar events in the past? Is the applicant able to demonstrate the organization's ability to perform the duties necessary to fund and implement the proposed event? Answer: 6. MarketingEfforts: fforts: Does the applicant have a marketing program to enhance the likelihood of success of the event? Answer: 7. Matching Fund: It is the intent of this Policy to require that the applicant provide a 50/50 match of the contributions by the City, e.g. if staff hours for an event was equal to $5,000, the applicant would be required to make a payment of $2,500 to the City. Answer: 8. Neutrality: Is the event non-partisan politically? Are all religions and ethnical backgrounds allowed to attend and participate? Does the event make no effort to promote or facilitate the promotion of a particular position or political candidate. Answer: 9. Tourism Impact: What are the beneficial tourism impacts of the proposed event? Factors might include: anticipated draw, likelihood of overnight hotel room reservations, visitor expenditures in the City, etc. Answer: Submitted on this the day of , 2008 Name: Title: Community Event Participation Policy - Approved by City Council 2008-10-21 - Page 6 of 6