Item 4HCITY OF
SOUTH LADE
MEMORANDUM
September 1, 2009
TO: Shana Yelverton, City Manager
FROM: Jill Cherry, Marketing & Tourism Coordinator
SUBJECT: Approve a Community Events Participation Agreement with
Southlake Chamber of Commerce for the 2009 Oktoberfest
event
Action Requested: Consideration of a Community Events Participation
Agreement with Southlake Chamber of Commerce for the
2009 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 and equipment (see attached Application for
details). The staff request will include one (1) DPS Sergeant,
four (4) DPS Officers, two (2) EMT to provide first aid during
the event, (1) Parks Maintenance Staff to monitor the vault,
and (4) additional Parks Staff for delivery and pickup of
equipment. The equipment will include the use of bleachers,
barricades and trash barrels. Southlake Chamber of
Commerce will provide 50/50 match of the contributions by the
City for staffing only. Additional costs will include advertising
efforts by the Southlake Chamber of Commerce outside of the
City of Southlake. Southlake Chamber of Commerce is
requesting funding from the City for 50% of the staffing and
advertising 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 — September 1, 2009
Page 2 of 2
Final funding will be based on actual costs incurred, not to
exceed $7,985.35 which is 50% of estimated cost of
$15,970.07.
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 Enhance resident quality of life and
business sustainability through tourism.
Citizen Input/
Board Review: Planning and Zoning Commission approved the SUP for the
event on August 9, 2007 meeting (6 -0)
City Council approved SUP for the event at August 21, 2007
meeting (7 -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:
• 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
Staff
Recommendation: Approve Community Events Participation agreement with
Southlake Chamber of Commerce for the 2009 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 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 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 — Draft: 2009 -08 -25 - 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 9 — 11, 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.
Community Event Participation Agreement - Oktoberfest — Draft: 2009 -08 -25 - Page 2 of 3
IN WITNESS WHEREOF the City and the Applicant have executed this
agreement as of this day of September, 2009.
Approved as to legal form
and adequacy:
Attorney at Law
Mayor, City of Southlake President, Southlake Chamber
of Commerce
Community Event Participation Agreement - Oktoberfest — Draft: 2009 -08 -25 - Page 3 of 3
CITY OF
SOUTHLAKE
Community Event Participation Policy
Appendix A
Application for Community Event Participation
Name of Event: Southlake Oktoberfest
General Description of Event:
Three -day arts and crafts festival free to the public with a children's area, food vendors, and more.
- Applicant: Southlake Chamber of Commerce
Contact Name: Giovanna Phillips
Title: President & CEO
Phone: 817 -481 -8200
1 Fax: 817-749-8202
Cell: 817- 7342688
Email Address: Phillips ips@southlakeehamber.com
I Web: south lakechamber.com
Paid Organizer Company: Pronioterline
Contact Name: Jerry Thompson
Title: President
Phone. 817 - 5574009
Fax 8 17 S1O "0036
Cell" 817 -312 -6101
Email Address: itpi
Web: promoter]ine.com
Re nested In -Kind City Staffin
Est. Cost*
Staff Member
Anticipated Duties
$1,674.24
Police Sergeant
Supervision of DPS Officers ( 24 hours X $69.76 = $1,674.24)
$1,353.36
Police Officer
Patrol Event /Security (24 hours X $56.39 = $1,353.36)
$1,353.36
Police Officer
Patrol Event /Security (24 hours X $56.39 = $1,353.36)
$1,353.36
Police Officer
Patrol Event /Security (24 hours X $56.39 = $1,353.36)
$1,353.36
Police Officer
Patrol Event /Security (24 hours X $56.39 = $1,353.36)
$1,353.36
Firefighter /EMT
First Aid (24 hours X $56.39 = $1,353.36)
$1,35336
Firefighter /EMT
First Aid (24 hours X $56.39 = $1,353.36)
$564.00
1 Parks Maintenance
Monitor Vault (24 hours X $23.55 = $564.00)
$612.30
4 Staff
4 staff to deliver /4 staff to pick up (26 hours X 23.55 =
$612.30)
*By Staff
TOTAL $10,970.07 x.50 = $5,485.35
Other Requested In -Kind Items
Est. Cost*
In -Kind Item
Proposed Utilization
No
Charge
Bleachers
Wiener dog races
No
Charge
Barricades
Street closings
No
Charge
Trash Barrels
Trash Overflow
$5,000.00
Advertising Cost
Promotion of Event and Activities
*B Staff
$5,000.00 X.50 = $2,500.00
Please identify any uni ue re uests for City assistance related to this event: (e.. street closures)
Connnunity Event Participation Application - For[i3 date: 2009 -08 -12 - Page 1 of 3
1. Street closures at midnight on the 1019
2. Setting up bleachers
3.
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:
. Zoning Ord. No. 480, Sections 34 and 45 e Park Use Policy Ord. No. 827, Chapter 12
• Solicitation Ord. No. 850 • Texas Alcohol and Beverage Code
• Sign Ord. No. 704 -C • Tarrant County Health Dept.
• Noise Ord. No, 778
Please respond to the fo llowin g questions:
1. Anticipated attendees *: 40,000 - 50,000
( *Note that greater than 300 attendees requires a Mass Gathering Notification be given to the Primary
Contact, greater than 1,000 attendees requires approval of a Specific Use Permit from City COLlncil.)
2. Date(s) and duration of event (include any set up timing as well): Friday, 10 /9 5:00 am through
Sunday, 10111 8:00 pm. Actual event times: 1019 5 -1 1pm; 10110 10 a.m. — 1 I pin; 10111 Noon — 5 pnl.
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, we are an active community pa - ticipant and are sponsoring the. event for 1110 8 "' year.
4. City Recognition Will the City be recognized as a "co- sponsor "? What additional exposure or
recognition will the City receive?
Ans�,ver: '1'hi5 year will be the 8"' that the City will be listed as en event sponsor on posters,
publications, and more.
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 sttecessfully held 7 Ol toberfcsts, with each annual event growing in atmidance and
popularity. We are its our 3rd year of our 3 - year SLIP.
6. Marketing Efforts: Does the applicant have a marketing program to enhance the likelihood of success
of the event?
Answer: We have advertising in various community magazines acrd newspapers. the'Texas l v ent
Guide, Where: It's At, listed on websites, and more. further.. sponsors promote the event as well.
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 snake a payment of S2,500 to the City.
Atrswer: We agree to reimburse the City for an amount equal to 50 of the costs incurred. Curren ly
Community Event Participation Applicntioti - Form date: 2009-08 -12 - Page 2 of 3
I estimated as sho,r� on page 1 of the application.
8. Neutrals: 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: Nuinerous vendors and attendees come fioin across the Country to attend. We have wiener
dog participants from across the State: as well. Many of these people spend money at local re5t�jiir��nts
and retailers while herd, ]"'Llrthcr, for many, it's their first experience in Soutlllake. which generates
interest in returning at a later data.
Submitted by:
Coiupany Na : Southlake Chamber of Commerce
Typed Name: Giovamla Phillips
Title: President & CEO
Date: August 1.3, 2009
Appro d or Coin it Co id ration:
Greg La
Director of Economic Development
Date: r Z ®rD Cj
Community Event Participation Application - Form date: 2009-08-12 - Page 3 of 3