2008-054Auty of Noutmake, Texas
RESOLUTION NO.08-054A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, ESTABLISHING A COMMUNITY EVENT
PARTICIPATION POLICY.
WHEREAS, the City Manager shall be responsible to the Council for the proper
administration of all affairs of the City including the preparation of general policies; and
WHEREAS, according to the City of Southlake (the "City") Charter section 4.14(6) the
City Manager is responsible for administration of the City budget after adoption by the City
Council; and
WHEREAS, the City of Southlake assesses and collects a municipal hotel occupancy tax
in accordance with Chapter 351 of the Texas Tax Code; and
WHEREAS, the City Manager recognizes the need to add new policies to define City
practice regarding use of hotel occupancy tax revenues with third parry community events, and
to provide a process whereby third parties wishing to sponsor a community event in the City may
request City participation, and;
WHEREAS, the Community Event Participation Policy accomplishes the purposes
described above in a manner that accommodates the legitimate interests of the City, now
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS THAT:
Section 1. The City of Southlake hereby approves the Community Event Participation Policy,
specifying general policies relating to City participation in community events.
Section 2. This resolution shall become effective after its passage and adoption by the City
Council.
PASSED AND APPROVED THIS 15"' DAY OF JANUARY, 019.
Laura ill, Mayor
ATTEST: U�THt�r'''
� Carol B raps, City Se tary �
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CITY OF
SOUTHLAKE
Community Event Participation Policy
Statement of Purpose: The purpose of this Policy is to establish guidelines for processing
requests for City participation in Community Events.
A. Strategic Plan Alignment: This Policy is being considered due to its support of the City's
overall Strategic Plan and alignment with the Council's strategic focus areas and stated
strategic objectives.
Partnerships and Volunteerism: The City Council identified "Partnerships and
Volunteerism" as a focus area when adopting the strategic plan in 2005. Since
then, an objective has been included on the City strategy map: "Promote
opportunities for partnerships & volunteer involvement." A case can be made,
therefore, that this kind of partnership would be properly aligned with the City's
strategy since a partnership of this kind brings together community groups and the
City to offer high quality events that promote the City.
2. Safety and Security: The strategy map includes a focus area of "Safety and
security." This, coupled with the objective of "Collaborate with select partners to
implement service solutions" addresses the matter of the City's fundamental
obligation to ensure that residents and visitors of Southlake are safe and secure,
whatever their activity. If we develop a successful partnership with these
community groups, coordinate our efforts, and, perhaps, share the costs, the City
has ultimately met this stated strategic objective.
B. Compliance with the Hotel Occupancy Tax State Laws: Funds utilized under this policy
shall comply in all instances with the requirements of Chapter 351 of the Texas Tax
Code as it pertains to the eligibility and expenditure of hotel occupancy tax funds.
2. Policy Administration: This Policy will be administered through the Department of Economic
Development and Tourism.
3. Definitions: The following definitions shall be utilized in this Policy.
a. Cam: Shall mean the City of Southlake, Texas.
b. Community Event: Shall mean an event held within the Southlake City limits having
broad appeal and interest by attendees both from the City and outside the City and
meeting the evaluation criteria defined herein. Community Events for the purposes of
this policy must also meet one of the event definitions (Mega Event, Major Event,
Regional Event) found in the City's Hotel Occupancy Tax Fund Expenditure Guidelines.
c. Coordinator: Shall mean the City staff person designated by the Director of Department
of Economic Development and Tourism..
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d. Director: Shall mean the Director of Economic Development and Tourism
e. Eligible Applicants: Shall mean community organizations active in our region on an
ongoing basis.
f. In -Kind Participation: Shall include the utilization of City staff, providing of City
equipment, utilization of City facilities or similar participation as approved by the
Director. Examples might include: police protection, emergency medical services, street
closure set-up, banner displays, website exposure, cooperative marketing, etc.
g. Maior Event: Significant proportion of national participants. National audience.
Significant media coverage. High level benefits.
h. Mega Event: Primarily national / international participants. Primarily national /
international audience. Extensive media coverage. Significant and widespread benefits.
i. Participation Agreement: Shall mean a Community Event Participation Services
Agreement between the City and the applicant organizing and responsible for the event.
j. Policy: Shall mean the Community Event Participation Policy adopted by City Council.
k. Regional Event: Primarily regional participants with some national and/or local
participation. Primarily regional audience. Some media coverage. Some level of benefits
but to a lesser degree than major events.
I. Tourism Team: Shall mean the City staff team working collectively to implement tourism
programs in the City. The members of this team may vary by type of event to be
evaluated or reviewed. It may also at times include third party participants who can
contribute a unique aspect to the team.
4. Submittal Requirements: The following shall be applicable to establishing an adequate
submittal for participation by the City.
A. Eligible Applicants: Applications will only be accepted from Eligible Applicants as
defined herein.
B. Application: An applicant must submit a fully executed application identified in Appendix
'A' herein. This application may be amended periodically by staff if needed to better
administer this Policy. The completed application shall be submitted to the Coordinator
for review.
C. Submittal Deadlines: Applications must be submitted at least three (3) months prior to
the date of the event.
5. Application Review: Upon receipt of the application, the following shall apply to the review and
evaluation of the application.
A. Evaluation Criteria: The following criteria shall be utilized by the Coordinator when
reviewing the application and in consideration of any recommendation for participation.
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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?
2. City Recognition: Will the City be recognized as a "co-sponsor"? What additional
exposure or recognition will the City receive?
3. 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?
4. Marketing Efforts: Does the applicant have a marketing program to enhance the
likelihood of success of the event?
5. 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.
6. 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?
7. 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.
B. Staff Review: The Coordinator will engage the Tourism Team to jointly discuss the
merits and challenges of the application. The Director, upon a recommendation from
the Coordinator, shall determine the acceptability of the application and response to the
applicant.
1. Recommendation for City Manager Approval: If the Director deems that the event
as proposed by the applicant meets the purpose and intent of the Policy, a memo
will be placed before the City Manager for approval of a Participation Agreement
outlining all aspects of the participation request.
a. Participation Agreement: Prior to placement of the participation request
before the City Manager, the applicant must work with the Coordinator to
prepare an adequate Participation Agreement for City Manager
consideration.
2. Denial of Application: If the Director does not find that the application for City
participation in the proposed event meets the Council adopted Policy, the
applicant shall be informed of the decision and the reasons for the finding.
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a. Appeal to City Manager: The applicant may appeal the decision of the
Director to the City Manager. All decisions by the City Manager shall be
final.
C. Participation Limitations: Following are specific limitations to City participation under the
guidelines of this Policy.
In -Kind Participation Only: The extent of City participation shall be limited to In -
kind" participation as defined herein. No cash contributions shall be provided.
2. Funding: No application for City participation shall be approved when funds are
not available for the event.
a. Funding Cap: No single event shall receive a City contribution in excess
of ten thousand ($10,000) dollars.
3. Staffing: No application for City participation shall be approved when staff
required to support the event are not available for the event.
6. Post Event Evaluation: The applicant shall be required to participate in a post -event debriefing
meeting to identify opportunities, challenges, and recommended improvements for any future
events.
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Appendix A
CITY OF
SOUTHLAKE
Community Event Participation Policy
Application for Community Event Participation
Application Date
EVENT INFORMATION
Event Location
Date(s) of Event
Date/Time of Event Set-up
Projected Attendance
Purpose of Event
Event Name
Event Times
Date/Time of Event Break Down
Number of Years Hosting Event
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.
Event Host/Organizational Name
Organization/Event Website
Non -Profit Organization Yeso No O
Main Contact
Address
City, ST, ZIP
Phone
Email
Alternate Contact
Phone
Email
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EVENT ACTIVITY
Event Description:
Description of proposed event (i.e. type of activities, structures, parking, rides, food, canopies, large tents as depicted on
site diagram) - Provide additional pages if necessary.
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?
City Recognition:
Will the City be recognized as a "co-sponsor"? How will the City be recognized? What additional exposure or recognition
will the City receive?
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? If the event organizer is a third party, please provide name
and contact information as well as information regarding their experience on this event or similar events.
Marketing Efforts:
Does the applicant have a marketing program to enhance the likelihood of success of the event? What is the plan?
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APPLICANT REQUIREMENTS
Each of the following items shall be submitted with the application.
_ General Site Diagram (showing areas of activities) _ SUP/Mass Gathering Application
_ City Participation Request (staffing & equipment) _ Marketing/Advertising Plan
Each of the following items shall be submitted/conducted a minimum of thirty (30) days prior to the
event date.
_ Proof of insurance naming the City as an additional insured
_ Detailed Site Diagram (showing specific locations of activities)
Requested times and location of city equipment or services needed
Completion of a logistics meeting with the City
Unless determined separately via City Council approval of a Special Use Permit, by signing this
application, the applicant agrees to comply with all City, County and State ordinances and policies
including but not limited to the following:
➢ City of Southlake (Please see Appendix)
• Zoning Ord. No. 480, Sections 34
and 45
• Solicitation Ord. No. 850
• Sign Ord. No. 704-C
• Noise Ord. No. 778
• Park Use Policy Ord. No. 827,
Chapter 12 (if located on park
property)
• Logo Guidelines
• Community Event Participation
Policy (if applicable)
• Temporary Sign Regulations
• Mobile Food Truck General
Requirements
➢ Texas Alcoholic Beverage Commission
Regulations
➢ Tarrant County Health Department
Regulations
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Alcohol Being Served Yes O No O
If Yes, City of Southlake security and compliance with Texas Alcoholic Beverage
Commission Regulations are required. Contact City of Southlake Police Department at 817-
748-8137 and TABC Arlington Regional Office at 817-652-5912.
Food Being Served Yes O No O
If Yes, compliance with Tarrant County Health Department Regulations is required. Contact
817-321-4700.
Food Trucks On -Site Yes O No O
If Yes, compliance with City of Southlake Fire Department Mobile Food Truck General
Requirements is required. Contact 817-748-8233 or 817-748-8909.
Event Banner Displayed Yes O No O
If Yes, compliance with City of Southlake Planning & Development Services Temporary Sign
Regulations is required. Contact 817-748-8215.
Tents in Excess of 400 sq. ft. Yes O No O
If Yes, compliance with City of Southlake Building Inspections and Fire Code is
required. Contact Building Inspections at 817-748-8237 and Fire Marshall at 817-
748-8233 or 817-748-8909.
Indemnification
APPLICANT MUST AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE
CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL
LIABILITY FOR ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS
FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY
DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES INCLUDING COURT
COSTS AND ATTORNEY'S FEES AND OTHER REASONABLE COSTS
OCCASIONED BY OR ARISING OUT OF APPLICANTS USE OF PUBLIC SPACES
AND/OR ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO
THE REQUESTED PERMIT, REGARDLESS OF WHETHER SUCH DAMAGES,
INJURIES TO PERSONS (INCLUDING DEATH), OR PROPERTY DAMAGE ARISES,
IN WHOLE OR IN PART, FROM THE INTENTIONAL ACTS OR EGLIGENCE OF THE
CITY, AND REGARDLESS OF FAULT OR LACK THEROF OF APPLICANT, ITS
OFFICERS, AGENTS, EMPLOYEES OR PERSONS PARTICIPATING IN THE EVENT
SPONSORED BY APPLICANT.
APPLICANT MUST FURTHER AGREE THAT THEY SHALL, AT ALL TIMES,
EXERCISE REASONABLE PRECAUTIONS ON BEHALF OF, AND BE SOLELY
RESPONSIBLE FOR THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES,
PARTICIPANTS, VISITORS, AND OTHER PERSONS, AS WELL AS THEIR
PROPERTY, WHILE IN OR ON THE PUBLIC SPACES OR INVOLVED IN
ACTIVITIES IN CONNECTION WITH OR INCIDENTAL TO THE PERMITTED USE OF
THE PUBLIC SPACES STATED HEREIN. IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE
NEGLIGENCE OF APPLICANT, THEIR AGENTS, SERVANTS, EMPLOYEES,
CUSTOMERS, VISITORS AND PARTICIPANTS.
IT WILL BE FURTHER AGREED WITH RESPECT TO THE ABOVE INDEMNITY,
THAT CITY AND APPLICANT WILL PROVIDE THE OTHER WITH PROMPT AND
TIMELY NOTICE OF ANY EVENT COVERED IN ANY WAY, DIRECTLY OR
INDIRECTLY, CONTINGENTLY OR OTHERWISE AFFECT OR MIGHT AFFECT THE
APPLICANT OR CITY, AND CITY SHALL HAVE THE RIGHT TO COMPROMISE
AND DEFEND THE SAME EXTENT OF ITS OWN INTERESTS.
APPLICANT WILL FURTHER AGREE THAT THIS INDEMNITY PROVISION SHALL
BE CONSIDERED AS AN ADDITIONAL REMEDY FOR THE CITY AND NOT AS AN
EXCLUSIVE REMEDY.
Insurance
Applicant agrees to provide general liability insurance policy insuring the above
indemnity provisions, and products/completed operations coverage, where applicable,
in the following amounts:
Personal Injury / Death: $1,000,000 per occurrence
AND
Property Damage: $500,000 per occurrence
Applicant further expressly agrees that with respect to the above required insurance, the
City shall:
A. Be named as an additional insured/or an insured as their interest may appear.
B. A minimum of thirty (30) days prior to the event, be provided with either the
original certificate of insurance or applicant's insurance policy evidencing the
above requirements.
Setup/Breakdown & Cleanliness
Applicant agrees to begin setup and complete breakdown at dates and times stated
above. Applicant understands and agrees that it is responsible for any and all expenses
to the City related to clean up, damage to property and/or facilities or other expenses to
the end that the City shall be protected from expenditure of funds. The City shall not be
responsible for damage or loss of materials used or left in any public spaces and does
not assume liability on groups or individuals attending or participating in an event within
said public spaces. Applicant agrees to return the property and/or facilities to a clean
and orderly condition, with all City of Southlake property in its original location by dates
and times stated above. Use of any permanent or semi -permanent markings to
hardscape is prohibited. Applicant shall pick up trash and litter during and after the
event. Based on size of event, Applicant may be required to provide a dumpster for
trash removal at Applicant's expense.
Security
Security is required for any event in which alcohol is served or sold, any event with
admission fees, and any event in which the anticipated attendance or the planned
activity may affect public safety. The City reserves the right to require security in all
instances in which the circumstances warrant. It shall be the responsibility of the
Applicant to make arrangements for security through the City of Southlake Police
Department. The City will determine the number of security officers an event warrants.
Restroom Facilities
For all public events, it will be the responsibility of the Applicant to provide an adequate
number of portable restroom facilities, including mobility impaired accessible units, at
the Applicant's expense. City facilities with interior restrooms such as Town Hall will not
be available.
Matching Funds
Applicant understands the intent of the CEPP Policy is 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.
Neutrality
Applicant understands and agrees that the event shall be non -partisan politically and all
religions and ethnical backgrounds shall be allowed to attend and participate. In
addition, applicant understands and agrees that the event makes no effort to promote or
facilitate the promotion of a particular position or political candidate.
By signing this application, applicant acknowledges that he/she has read,
understands and agrees to comply with all requirements, terms and conditions
stated herein and understands that rights granted through this application are
exclusive to the parties named herein and are not assignable or transferable.
Applicant's Name — Please Print Legibly
Applicant's Signature
Date
DO NOT WRITE BELOW THIS LINE
City Manager Review Date
Comments:
O Approved O Denied