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