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Item 9DCITY OF SOUTH LADE MEMORANDUM February 25, 2009 TO: Shana Yelverton, City Manager FROM: Greg Last, Director of Economic Development SUBJECT: Consider a Community Events Participation Agreement with GreenFellows, Inc. for the Southlake Green Day Event Action Requested: Consideration of a Community Events Participation agreement with GreenFellows, Inc. for the Southlake Green Day Event. Background Information: GreenFellows, Inc is a Non - Profit group working in conjunction with the City to host Southlake Green Day. This event is scheduled for March 28, 2009 from 9:00 a.m. — 4:00 p.m. at Rustin Park. Southlake Green Day is Southlake's point of connection to learn about the many ways to be better stewards of the earth's resources and various ways to save and invest in a sustainable future, and improve daily living by going "green." The event will feature vendors, manufacturers and other businesses offering merchandise, products and pertinent information about going "green." There will also be demonstrations, lecturers and interactive "how to" presentations about how the community can go the extra mile to take care of the environment. GreenFellows will also partner with the Carroll Independent School District during education week to incorporate going "green" with collecting recyclables and how to save energy. Financial Considerations: The City has been asked to participate in the form of staffing, facility rental and equipment. The staff request will include one (1) DPS, two (2) EMT to provide first aid and three (3) Community Services staff to deliver and set up equipment as well as monitoring electrical during the event. The equipment will include the use of tables, tents and chairs. The estimated cost of the staffing is $1,777.38. They are also requesting use of Rustin Pavilion and equipment. GreenFellows, Inc. will City Council Meeting Date — March 3, 2009 Page 2 of 2 provide 50/50 match of the contributions by City of staffing only. 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: P & Z approved SUP for event at February 5, 2009 meeting (6 -0) City Council approved SUP for event at February 17, 2009 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 GreenFellows, Inc. for Southlake Green Day. COMMUNITY EVENT PARTICIPATION AGREEMENT BETWEEN CITY OF SOUTHLAKE AND GREENFELLOWS, Inc. FOR SOUTHLAKE GREEN DAY 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 GreenFellows, Inc. (hereinafter referred to as "Applicant "), a nonprofit organization operating in Southlake. WHEREAS, the intent of Applicant is to provide an event that provides information and promotes being good stewardship of the earth's resources; 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. Coordinate Southlake Green Day, a community event which promotes the stewardship of the earth's resources. The Applicant shall conduct the event as described in the attached Community Event Participation Application. SECTION 2 GREENFELLOWS, INC. 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 City agrees to offer, at the discretion of the City, the use of various equipment and supplies to the Applicant for the Southlake Green Day 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 Community Event Participation Agreement - Green Day - Draft: 2009 -02 -25 - Page 1 of 2 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 day of the Southlake Green Day event on March 28, 2009 or one (1) day. 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 , 2009. Approved as to legal form and adequacy: Attorney at Law Mayor, City of Southlake President, GreenFellows, Inc. Community Event Participation Agreement - Green Day - Draft: 2009 -02 -25 - Page 2 of 2 CITY OF SOUTHLAKE 9 Community Event Participation Policy Appendix A Application for Community Event Participation Name of Event: Southlake Green Day General Description of Event: The event can best be described as a green expo, It will host exhibitors - businesses- that sell green products or services. Although they will not be selling products during the event, they will be educating attendees about the benefits of their green products /services. We are also partnering with CISD. We will have a recycling campaign (partnering with Abitibi) for K. -6 students. Included in that is a drawing for a bike(s). The exhibitors do pay a nominal fee for a 10x10 booth space. These monies will pay for advertising/marketing, public costs, porta- potties, various administrative costs, etc. (City Council Approved SUP at 2- 17-09 meeting) GreenFellows, Inc. - Applicant: Contact Name: Audra Lewandowski Title: President/Committee Chair - Primary Phone: 817/308 -3823 1 Fax: I Cell: Email Address: audraasoitthlakegreenday.com Web: www.SouthlakeGreenDa .coin Paid Organizer Name: LJR Group Title: Phone: 817/337-4609 1 Fax: Cell: Email Address: lisa(cr irgroup.com Web: Re uestcd In -Kind Ci Staffin Est. Cost* Staff Member Anticipated Duties $213.84 1 Parks Worker ( -5 ) Monitor circuit breaker for some electrical use at event. $78.54 2 Part-Time Rec. Staff Deliver, set up and break down of teats, tables, and chairs $49500 1 DPS — Police (8:30a -5:30 Patrol Event $990.00 2 EMT (8:30a- 5:30p) Provide First Aid *By Staff TOTAL $1,777.38 Other Requested In -Kind Items Est. Cost* In -Kind Item Proposed Utilization $600.00 10 Tents For the 10x10 booths for exhibitors $160.00 20 Tables For use at booths $125.00 100 Chairs For use at booths $220.00 Rustin Pavilion Use for event activities *By Staff J. TOTAL $1,105.00 (No Char e) Please identify any unique requests for City assistance related to this event: e.. street closures 1. Closure of Fountain Place for the day 2. Closure of side streets near The Gap and Nike 3. By Signing this application, the applicant agrees to comply with all City ordinances including but not limited to the following: • Mass Gathering Ord. No. 480 • Noise Ord. No. 778 Community Event Participation Application - Form date: 2009 -02 -23 - Pagel of 3 • Solicitation Ord. No. 850 • Ord. 827 Chapter 12, Article II Please respond to the following questions: 1. Anticipated attendees: Open to the public- 1,500 persons (est.) 2, Duration of event: March 28' from gam to 4 m, set up at lam. 3. Annlicant'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, The committee members are active in the community, personally and professionally. Also, this event is unique and very timely. 4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or recognition will the City receive? Answer: Yes. The city's logo will appear on the event flyers & website. Currently, KSB and Bob .lones Nature Center have their logo on the Southlake Green Day website. Each of these organizations will also have booths at the event. 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: We have contracted with a local Public Relations and event planning company, The L.IR to help execute the event. - Group, 6. Marketing Efforts Does the applicant have a marketing program to enhance the likelihood of success of the event? Answer. With the guidance of the L.1R Group, we will have the event listed in local magazines /newspapers, the internet, and signage /flyers around town. A Press Release will go out about 30 -days prior to the event. An html email will also be generated for exhibitors to send to their client base inviting them to the event. 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: We agree to reimburse the City for an amount egLial to 50% of the costs incurred, currently estimated as shown on page I 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: No. This event is not political in nature. 9. Tourism Irrr act: 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: May have a few out-of-town guests /speakers. Mostly local attendees expected. Community Event Participation Application - Form date: 2009- 02 -23 - Page 2 of 3 Submitted by: �) ota Greeffell ows, Inc. ame: Audra Lewandowski Title: Presiden ' Committee Chair Date: i ! Approved or Coune' Consi eration: I'd Greg Last Director of Economic Development Date: 'Z - Z 5 - -+ 6 1, ' - ? Community Event Participation Application - Form date: 2009- 02 -23 - Page 3 of .3