Item 4ECITY OF
SOUTHLAKE
MEMORANDUM
April 1, 2009
TO: Shana Yelverton, City Manager
FROM: Greg Last, Director of Economic Development
SUBJECT: Approve a Community Events Participation Agreement with
Southlake Women's Club for the Art in the Square event
Action Requested: Consideration of a Community Events Participation
Agreement with Southlake Women's Club for the Art in the
Square event.
Background
Information: Art in the Square is an annual fundraising event coordinated
by the Southlake Women's Club with proceeds designated for
various local charities.
Art in the Square is a three day art festival held in Southlake
Town Square. The event is free to the public and offers over
140 national and local unique artists, children's arts and crafts,
and ongoing entertainment.
The headline entertainer will be Derek Sholl. This performance
will take place on April 25, 2009 at 8:30 p.m. on the main
stage. A Specific Use Permit was approved for this event by
City Council at their January 15, 2008 meeting.
Financial
Considerations: The City has been asked to participate in the form of staffing,
facility rental and equipment (see attached Application for
details). The staff request will include one (1) DPS Sergeant,
four (4) DPS Officers, and two (2) EMT to provide first aid
during the event. The equipment will include the use of tables,
tents and chairs. Southlake Women's Club will provide 50/50
match of the contributions by City for staffing only. Southlake
Women's Club is requesting funding from the City for 50% of
the staffing costs.
Due to prior year's history and commitments for 2009 made
prior to adoption of the Community Events Participation Policy,
there are several Community Services items shown as "NC -
No Charge".
City Council
Meeting Date - April 07, 2009
Page 2 of 2
Final funding will be based on actual costs incurred, not to
exceed $5,466.33 which is 50% of estimated cost of
$10,932.66.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Partnerships and Volunteerism and meets the
corporate objective to Actively Promote Opportunities for
Partnerships and Volunteer Involvement.
Citizen Input/
Board Review: City Council approved SUP for the event at January 15, 2008
meeting (6-0).
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:
■ City Council decision to approve
■ City Council decision not to approve
Supporting
Documents: Supporting documents include:
■ Community Events Participation Agreement
■ Application for Community Event Participation
Staff
Recommendation: Approve Community Events Participation agreement with
Southlake Women's Club for the 2009 Art in the Square event.
COMMUNITY EVENT PARTICIPATION AGREEMENT
BETWEEN CITY OF SOUTHLAKE AND
SOUTHLAKE WOMEN'S CLUB FOR ART IN THE SQUARE
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 Women's Club (hereinafter referred to as "Applicant"), 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 an annual arts festival that
benefits the community and charities in Southlake and surrounding communities and
provide a focus for the expansion of other arts programs in the city of Southlake; 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 Art in the Square which is a community event in which proceeds go to
charities serving children and families. The Applicant shall conduct the event as
described in the attached Community Event Participation Application.
SECTION 2
SOUTHLAKE WOMEN'S CLUB 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.
SECTION 3
USE OF CITY EQUIPMENT AND SUPPLIES
Community Event Participation Agreement - Art in the Square - Draft 2009-03-30 - Page 1 of 3
City agrees to offer, at the discretion of the City, the use of various equipment and
supplies to the Applicant for the Art in the Square 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 Art in the Square event
on April 24 - 27, 2009 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.
IN WITNESS WHEREOF the City and the Applicant have executed this
agreement as of this day of '20
Approved as to legal form
and adequacy:
Community Event Participation Agreement - Art in the Square - Draft 2009-03-30 - Page 2 of 3
Attorney at Law
Mayor, City of Southlake President, Southlake Women's
Club
Community Event Participation Agreement - Art in the Square - Draft 2009-03-30 - Page 3 of 3
CITY OF
SOUTHLAKE
Community Event Participation Policy
Appendix A
Application for Community Event Participation
Name of Event: Art in the Square
General Description of Event: Art in the Square is an annual fundraising event created by the
Southlake Women's Club with proceeds designated for local charities. Art in the Square is a three day
art festival field in Southlake Town Square. The event is free to the public and offers over 140 national
and local unique artists, children's arts and crafts, and ongoing entertainment. The headline entertainer
will be Derek Sholl. This performance will take place on April 25, 2009 at 8:30 p.rn, on the main stage.
A Specific Use Permit was approved for this event by City Council at their January 15, 2008 rneeting.
Applicant: Southlake Women's Club
Contact Name: Carmen Evans
Title: President
Plione: 817-320-4672
Fax:
Cell:
Email Address: Careneevan cr.aol.corn
Web: www.sorttlrlakewornensclrib.coin
Paid Organizer Company:
Contact Name:
Title:
Phone:
Fax:
Cell:
Email Address:
Web:
Re nested In-Kind City Staffin
Est. Cost*
Staff Member
Anticipated Duties
$1023.04
Police Sergeant
Supervision of DPS Officers (29 hours X $69.76 = $2,023.04)
$1,635.31
Police Officer
Patrol Event/Security (29 hours X $5639 = $1,635.31)
$1.635.31
Police Officer
Patrol Event/Security (29 hours X $56.39 = $1,635.31)
$1,184.19
Police Officer
Patrol Event/Security (21 hours X $56.39 = $1,184.19)
$1,184.19
Police Officer
Patrol Event/Security (21 hours X $56.39 =$1,184.19)
$1,635.31
Firefighter/EMT
First Aid (29 fours X $56.39 = $1,635.31)
$1,635.31
Firefi Inter/EMT
First Aid (29 1101.11-S X $56.39 = $1,635.31)
N.C.
2 Parks Staff
Monitor Vault/Electricity (29 hours each) (Cost est. $1,299.78)
N.C..
1 FT Recreation Staff
Delivery, Set up and breakdown of 20 X.30 tents (10 Hours
ea.) (Cost est. $268.00)
N.C.
3 PT Recreation Staff
Delivery. Set up and breakdown of 20 X 30 tents (10 hours
ea.) (Cost est. $392.70)
;'By Staff
TOTAL $10,932.66 x ,50 = $5,466.33
other Requested In-Kind Items
Est. Cost"'
In-Kind Item
Proposed Utilization
N.C.
2 Tents (20 X 30)
Kids Corner (3 Days n 250 per day) (Est. cost $750.00)
N.C.
Rustin Pavilion
Event Activities (Est. cost $580.00)
N.C.
Trash Barrels
Trash Overflow
N.C.
Barricades
Street Closure
*By Staff
N.C. (No Charge) TOTAL=$3.290.48 Due to prior, year, history and 2009 commit~i~ents.
Connnuuity Ci,eut Participation 4pplicatiou - Form date: 2009-03-30 - Page l of 3
Please identify an unique requests for City assistance related to this event: e.. street closures
L Street Closures
2. Electricity Check
3. Grounds maintenance to include mowing ands ririlcler shutoff
Unless determined separately via City Council approval of a Specific Use Permit, by Signing this
application, the applicant agrees to comply with all City ordinances including but not limited to
the following:
a Zoning Ord. No. 480, Sections 34 and 45 e Park Use Policy Ord.. No. 827, Chapter 12
a Solicitation Ord. No. 850 a Texas Alcohol and Beverage Code
a Sign Ord. Noe 704-C a Tarrant County Health Dept.
Noise Ord. No. 778
Please res and to the following uestions:
1. Anticipated attendees*:
50,000+
(*Note that greater than 300 attendees requires a Mass Gathering Notification be given to the Primary
Contact, eater than 1,000 attendees requires approval of a Specific Use Permit from City Council.
2.. Date(s) and duration of event (include any set up timing as well):
3 days Aril 24 - 26)..2 00 9
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: Yes to all. SWC hold the Senior Luncheons, School Supply Sale, and Adopt a Street
4. City Recognition: Will the City be recognized as a "co-sponsor"? What additional exposure or
recognition will the City receive?
Answer: City will be recognized as a sponsor, not a co-sponsor on website, the Wolf radio, newspaper,
etc.
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 ftwd and
implement the proposed event?
Answer: Yes, Celebrating our ten year anniversary
6. Marketin Efforts: Does the applicant have a marketing program to enhance the likelihood of success
of the event?
Answer: Yes.. Town Square supports this, NBC, Star-Telegram and the Wolf Radio
7. Matching Fund: It is the intent of this Policy to require that the applicant provide a 50150 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. We agree to reimburse the City for an amount equal to 50% of the costs incurred, currently
Community Event Participation Application - Form date: 2009-03-30 - Page 2 of 3
estimated as shown on page 1 of the application.
8. Neutrali 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: Yes
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: Huge, with support of City
Submitted by: c
Company Name:
Typed Name: G;4~.-n bV~4.s
Title: Pil
Date: 3 'I--' 0
Appro or Counc' Con ' anon:
Greg Las ,
Director of Economic Development
Date: a - -SO-0